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View Full Version : Can father who has 2 month ct order, take kids to Mexico?


cbanner
Jul 27, 2011, 12:43 PM
My sons father took them on vacation this summer (Mexico). He has them in N.J.for a 2 month visit that's court ordered. I signed the consent form for him to apply for the kids passport. He did and received them... so as stated in a court hearing I thought they would travel on July 19th and for whatever reason he was en route on Sat.July 23. He (father) was going with a party of 6.

Him and 3 children (2 are mine) and a girlfriend with her 3 children (none are his). Because of his choice of travel which is flying stand-by,it is very hard to get 6 open seats at once.So they have to take different flights she goes ahead with 3 of the kids (1 being my oldest 8yr old son)and he takes another flight with the other 3. I don't know if he even made it there that day... a family member talked to my youngest son later the same day an they were still waiting at the airport. I had no knowledge of him sending our son ahead with his girlfriend.

My question is was that a legal move? When I signed the consent form it was to give permission to him (father) to travel, not just anyone holding the passport I thought they checked things like names not matching up when minors are traveling. I think he took a big risk sending him ahead.anything could happen and it was out of the country.

I am not lint picking but it is real concern for the safety of my sons. Maybe they both could have each taken their own children just to be on the safe side. I feel like he crossed the line.

JudyKayTee
Jul 27, 2011, 01:12 PM
They were in the custody of their father. Unless he has a history of putting them in danger I would guess the seating arrangement had some purpose, wasn't frivilous and didn't place your child/children in danger. Maybe your son WANTED to fly with the girlfriend.

You don't have to clear every move you make with the children with him. He does not have to clear every move he makes with you.

If you make an issue of this it will sound like you are nitpicking.

Sorry - but it does.

You can't possibly cover all the issues in a Court Order/decree. This is one of those "unknowns."

cbanner
Jul 27, 2011, 01:45 PM
Do you have kids? Inside the United States I feel its just something that I have to accept but when you leave US territory its should be some kind of information e-mailed,texed,as to what is going on,you didn't answer the question anyway is it legal for his girlfriend to take our son out of country.As I understand he has permission and I have permission because we are the parent ,she was not listed on the passport...

AK lawyer
Jul 27, 2011, 01:58 PM
... He (father) was going with a party of 6.
Him and 3 children (2 are mine) and a girlfriend with her 3 children (none are his). ...

Not that any of this makes any difference at all, and in the theme of this thread,

I can't figure out how you are doing the math.

Father + your two kids = 3
Girlfriend + her three kids = 4
total = 7 = father + party of 6.

So what does "Him and 3 children" mean?

This whole discussion by-the-way gets my nomination for the nit pickingest thread of the month. And it's definitely in the running for all-time number one. :rolleyes:

cdad
Jul 27, 2011, 02:14 PM
Here is the problem and the answer to the question. Yes it would be illegal for his girlfriend to take the child out of the country.

BUT - If at the time before boarding permission was given and the airline saw the ID for the father and he is the one giving permission then it remains legal.

Didn't the permission slip that you signed and notarized have the intinerary on it as it should have been ?

cbanner
Jul 27, 2011, 02:16 PM
So sorry you feel like its picking and 4give the math I'm at work .but point is with all that is going on in the word today outside of the US and (in the states) why would you not want to keep your own children close.there are a bunch of things that could have went wrong.once again is it legal?

cbanner
Jul 27, 2011, 02:25 PM
Thank you very much!! I just wanted to know if it was legal I only had the Statement Of Consent form for minors and I sent that to their father with a copy of my ID,so I did not see the completed application. Thanks again!

AK lawyer
Jul 27, 2011, 02:41 PM
... but point is with all that is going on in the word today outside of the US and (in the states) why would you not want to keep your own children close.there are a bunch of things that could of went wrong.once again is it legal??

Once again: yes.

Even at home, you can't watch over your children 24 hours a day.


You send them to school, for example, and have to pray that the school will protect them as you would.

You let them go to their friends' houses, etc.

And, with respect to divorced families, etc., the parent who has the children at any given time does normally have the right to leave them with other care-givers (babysitters, etc.). The only difference beween that and your situation is that international travel was involved.

JudyKayTee
Jul 27, 2011, 03:00 PM
so sorry you feel like its picking and 4give the math I'm at work .but point is with all that is going on in the word today outside of the US and (in the states) why would you not want to keep your own children close.there are a bunch of things that could of went wrong.once again is it legal??


YES, IT IS LEGAL. We are all telling you that.

We didn't sign the permission/consent form. You did, so stop blaming "us" for your poor decision and "our" good advice.

Why did you sign? You could have said no and forced their father to go to Court and get an Order - or not get an Order, depending upon how real your concerns may be.

A bunch of things could go wrong every time your children leave the house. If you are that unhappy about this situation, take your papers to Court NOW and ask that a Judge hear this matter and make a determination whether the children should be dragged back to you OR dragged back to the US or whether custody should be changed.

Yes, not that it matters but I DO have children. I don't sign consents and authorizations and permission slips and then change my mind. I look at the circumstances, trust the people they are with and sign - or don't.

(I realize you're at work... but math remains math, no matter what.)

cbanner
Jul 28, 2011, 06:24 AM
AGAIN... Thank You Califdadof3,Your answer helped.
Judykaytee read again,not blaming anyone so simple I just wanted to know if it was legal and my ? Was answered in full... no thanks to you!now you may go answer more questions and have a great day!!

kcomissiong
Jul 28, 2011, 07:06 AM
Judy did answer your question... she said YES it is legal.


YES, IT IS LEGAL. We are all telling you that.

You asked for advice, and you got accurate advice from several members. Way to be unpleasant about free advice from experienced volunteers. Maybe you should consider reading again.


judykaytee read again,not blaming anyone so simple I just wanted to know if it was legal and my ? Was answered in full... no thanks to you!

This also has my vote for the most nitpicky question. Is there a rude poster award as well?