On behalf of of The Ross Firm Professional Corporation posted in Family/Matrimonial Law on Wednesday, January 25, 2017.
When a parent gets stung at the border and is refused passage while traveling with a child, it's often because of not having the right paperwork. Divorce and separation alters a parent's rights and responsibilities regarding the children. Some decisions - such as taking a trip - which a parent used to make freely and without forethought now require cutting through red tape. Notably, even parents with sole custody may first need to obtain consent when crossing international borders.
Prudent Travelers Bring Documentation
Countries vary in their documentation requirements. To prevent a hold up at the border - or a flat refusal of entry or exit - the first place to start is the separation agreement or court order. Check to see if these contain provisions touching on travel. There may be requirements to obtain consent or to provide the other parent with specifics such as flight information, accommodation details or emergency contact numbers.
Another standard document is a travel consent letter. This document serves as proof that one parent agrees for the child to travel in company with the other parent. A lawyer can draft the letter, which must then be signed by the consenting parent.
What About Moving House?
When it comes to moving abodes, a parent typically does not require consent so long as the move does not impact the other parent's access. In cases where it does, the parent on the move needs to obtain consent or a court order to change the terms of the other parent's access.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.