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  1. #1
    Join Date
    May 2012
    Posts
    138

    Default Shit for Brains

    My question involves a child custody case from the State of: VA
    I should add, I meant to ask to leave the country without the other parents consent.

    We currently have joint custody. We have a lot of other issues in regards to visitation and support. But here is my question.
    Is a parent with sole legal and physical custody able to get passports and leave the country for vacation without the other parents permission? I have family in a different country and my child has never met them. I would like to go there next year for 3 weeks and I am afraid my ex wont let me. I am not planning on staying there, I am perfectly happy in this country.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,125

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    The question about getting a passport is answered here: https://travel.state.gov/content/tra.../under-16.html check step 7 - but you say you have joint and then ask about a situation with sole legal custody. Which do you actually have?

    step 2 is then what does your decree say about traveling alone with the children? was it discussed?

  3. #3
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    Quote Quoting kathak
    View Post
    My question involves a child custody case from the State of: VA
    I should add, I meant to ask to leave the country without the other parents consent.

    We currently have joint custody. We have a lot of other issues in regards to visitation and support. But here is my question.
    Is a parent with sole legal and physical custody able to get passports and leave the country for vacation without the other parents permission? I have family in a different country and my child has never met them. I would like to go there next year for 3 weeks and I am afraid my ex wont let me. I am not planning on staying there, I am perfectly happy in this country.
    If you have sole legal and physical custody you do NOT need the other parent's permission to travel outside of the country. You would however, want to take copies of your custody documents with you when you travel, and you will also need those documents to get the child's passport.


    If you are thinking about trying to get sole legal and physical custody in order to facilitate traveling outside of the country it would be a whole lot easier to just file a motion to get a judge to give you permission to travel outside of the country with the child, and get a judge to order the other parent to cooperate with getting the child a passport. In fact, its a good idea to have the passport application with you in court, so that you can have the other parent sign it right there and then, once the judge makes the order.

  4. #4
    Join Date
    May 2012
    Posts
    138

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    Quote Quoting hr for me
    View Post
    The question about getting a passport is answered here: https://travel.state.gov/content/tra.../under-16.html check step 7 - but you say you have joint and then ask about a situation with sole legal custody. Which do you actually have?

    step 2 is then what does your decree say about traveling alone with the children? was it discussed?
    We currently have shared. But he is trying to get out of paying the arrears he owes and looking for a lower monthly support. We are not on good terms and I am afraid that he will not let me leave the country or do other things just to make it more difficult for me.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,063

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    You have to be careful. Most cruise ships and airlines will hold you up if you don't have the consent documents in place.

  6. #6
    Join Date
    May 2012
    Posts
    138

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    thats why I want to make sure I have everything set and not running in any problems.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    Quote Quoting kathak
    View Post
    thats why I want to make sure I have everything set and not running in any problems.
    Again, the best way to do that is to get a judge to order that you can travel out of the country with the child and to order dad to cooperate with getting the child a passport.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,433

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    Quote Quoting flyingron
    View Post
    You have to be careful. Most cruise ships and airlines will hold you up if you don't have the consent documents in place.
    I can't speak for cruise ships, but I have flown plenty of times with my children (or one of them) and without my spouse, and my spouse has done likewise. Never once has anyone from an airline asked for any sort of "consent document."

  9. #9
    Join Date
    Dec 2013
    Posts
    833

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    My friend was asked to provide a letter of consent when entering Canada last year and again when she entered and left Holland. I was not asked when entering Canada or the UK. I think it is hit or miss

  10. #10
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Am I Allowed to Leave the Country Without the Parents Consent

    Quote Quoting readytoleave
    View Post
    My friend was asked to provide a letter of consent when entering Canada last year and again when she entered and left Holland. I was not asked when entering Canada or the UK. I think it is hit or miss
    I think it happens less frequently when the children and parent have the same last name, and more frequently when the parent and children have different last names. I was never asked for anything myself, and my daughter and I traveled abroad often when she was a child.

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