Do I need notorized/signed statement from my ex-husband to travel to Europe with our 15 year old? She has a passport. I am finding conflicting information on the internet. Help!
Having researched this a up and down the internet (travelled with my children from my ex-husband last time and this time will be travelling alone without my current husband- with my daughter from first marriage and daughters from current marriage), this is what I have found out: If you travel someplace like Mexico, they will pretty much always turn you away at the airport if you do not have that letter. Don't even attempt it. European countries don't seem as strict, but they are still parties to the Hague Convention on the Civil Aspects of International Abduction (which I believe applies to children up to 16), so they can (and should but usually don't) technically ask you for that letter. I get my ex-husband's notarized signature of permission, including permission to treat my daughter medically, in case I am incapacitated. It is not fun to get it from him- he drags every time. If your ex won't sign, you can go to court at the last minute and tell them he is being unreasonable (if you aren't a flight risk, there is no reason you can't go to Europe vs. Disneyland.) Note: I am not a lawyer, this is based on experience and research. If you want legal advice, seek that from a lawyer.
My ex husband lives 10 hours away and is working on an oil rig in a town with no notary anywhere. It was a huge pain getting the notarized document required to apply for our daughters passport. We leave in two weeks, I will have to figure a way to get a statement from him. I thought if I had her passport I didn't need anything else. He is not the most responsibile guy in the world. But, I will figure it out. I have been planning this trip for two years. I would hate to have this ruin it.
Better safe than sorry- just have her father write a "note" giving you permission to take your daughter out of the country and have it noterized (be sure he puts cell phone numbers, work numbers and home phone numbers on it). You might never need it-- but if you do .....
Instead of having a bunch of strangers (us) guess about the answer to your question, why not pick up the phone and ask the lawyer who handled your divorce?
You might want to try running a parallel path of going to the courthouse and seeing if you can get something started on their side, too (explain the situation.) I don't know how things work in your neck of the woods, but we have a court commissioner who does small, urgent same day stuff. I went in with my sis-in-law, and he had no personality, but he got her on the right path (and called her soon to be ex on the phone to see if he was available to work things out.) Maybe if a judge/commissioner can talk to your ex and find out that he has approved it, then he can give you official paperwork saying you are ok to go? Again, not legal advice, just trying to put myself in your shoes and thinking of what I would try. (My ex gave me the letter 2 days before we left last time, and I had given it to him to sign 6 months beforehand.) Good luck- can you keep the thread updated with what happens?
If his oil rig is near a town with a bank, ask him to try there, sometimes a bank employee is a notary public.
Other places to look for notaries are pretty common at least in the USA along with banks.... every atty. most schools have at least one person who is. almost every town hall accountants office travel agents real estate agents/offices
My ex called and said there is a notary at the tiny city office in Wamsutter, Wy. He will get it done and have it to me in a few days. I've heard that before. My ex is an ok guy, just not the most motivated. I will be nervous until I have it in my hands. I wish we lived in the same town. This would be so much easier. But, it is worth whatever trouble I have to go through to take my baby girl to Europe!
First of all let me say I do not judge, I enquire and that this is all very interesting. Under what circumstances would one be asked if you have the permission on your ex-spouse to be traveling with your child. I don't think it gives your marital status on your passport to even bring the subject up. What if you are not divorced? Would you still need your spouses permission? I say do what you have to do to protect yourself.
Laurel - to answer your question, being divorced is not the issue. Any child under 16 needs both parents permission regardless marital status. If both parents are married, you still need the note from the others parent if only one parent is going on the trip while the other remains at home. (It is just easier to get it from a spouse you get a long with and live with than with an ex-spouse that is not amicable and lives elsewhere.) If the child is travel with a school group the teacher needs a notarized letter from both parents. If the child is traveling with grandparents the grandparent needs a notarized letter from both parents. If one parent is deceased, then paperwork to that effect is required. No child is suppose to cross an international border without the permission of both parents. It is not check 100% of the time, but often enough.
Thanks Ed