Ask Me Help Desk - Non custodial dad won't sign consent to travel letter

Quote:

Originally Posted by ScottGem

I agree, Canada has a right to stop entry if they suspect something. Canada does have the right to require permission from all custodial parents. But the US doesn't have the right to say to Canada, that they have to require or check certain documents. They may have a mutual treaty agreeing to do so, but no US law is binding on a foreign country. And when entering a foreign country, its their rules that govern, not the rules of the country being exited from.

Right. I'm addressing a "tip" - and Homeland Security gets them all the time - that someone is smuggling or kidnapping or has other contraband - and the US passes the info along to the Canadian authorities and they work together.

If Canada doesn't care, well, then the person enters the Country.

Quote:

Originally Posted by ScottGem

Comments on this post
califdadof3 disagrees: WHOA ! .. There are new laws in place that come from homeland security. If one parent must travel abroad then they MUST have the consent of the other parent. If they dont they risk breaking federal law as well as kidnapping.

Can you cite the provisions that state that? That really doesn't make sense to me. Why would the US need to prevent people LEAVING the country as part of Homeland Security?

The US shouldn't be restricitng travel by US citizens. Any provisions that involve crossing borders should be imposed by the country crossing INTO.

I know things are changing soooo fast that most of us can barely keep up. Here is a link that might help to understand why I had said what I did.

Special Requirements for Children Under Age 16

Special requirements of U.S. State Department.

Another thing coming down the pike is that everyone.. children and adults will soon need passports to travel to mexico and possibly beyond our boarders to any country.

As far as the homeland security part goes it has its roots here.

http://travel.state.gov/pdf/2004_Hague_Law_Library.pdf

Our government does restrict its citizens from travel. If a NCP owes arrears they can't leave the country. They can't get a passport. A drivers license etc. Our government wants to create a whole new breed of criminals.. the NCP.. mainly dads by making arrears a felony on the federal level. Talk about abuse.. sheesh.

I hope that helps.

Quote:

Originally Posted by califdadof3

Our government does restrict its citizens from travel. If a NCP owes arrears they can't leave the country. They can't get a passport. A drivers liscence etc. Our government wants to create a whole new breed of criminals .. the NCP .. mainly dads by making arrears a felony on the federal level. Talk about abuse .. sheesh.

I hope that helps.

Ok, I checked both the links and I don't agree they support what you said. The first link is a list of the rules governing issuing a passport to a US citizen under 16. Presumably, since this isn't the first time they have traveled, the child already has a passport. But I can understand needing both parent's signature or copies of the custody agreement to get the passport.

The second link refers to a treaty VOLUNTARILY entered into by member countries. It doesn't deal with enforcing US laws.

Finally, I didn't say that the US doesn't restrict travel. Clearly, a citizen needs to be approved for a passprt, its not automatic. And, yes, there are reasons a US citizen would be restricted from leaving the country. But US law cannot and does not impose any restrictions on where a US citizen can go as long as long as they are approved for travel. The restrictions on having a passport when traveling to Cananda and Mexico is the RE-ENTER the US, not to leave it.

Quote:

Originally Posted by califdadof3

Our government does restrict its citizens from travel. If a NCP owes arrears they can't leave the country. They can't get a passport. A drivers liscence etc. Our government wants to create a whole new breed of criminals .. the NCP .. mainly dads by making arrears a felony on the federal level. Talk about abuse .. sheesh.

I really have to disagree with this. A NCP can not get a passport if arrears is in excess of $2,500 and they are not on a payment plan with their state

(Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . If this applies to you, Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport. This is because:

* The State agency must certify to the U.S. Department of Health and Human Services (HHS) that acceptable payment arrangements have been made.
* Then, HHS must notify Passport Services by the removal of your name from the electronic list HHS gives to Passport Services. (Passport Services cannot issue a passport until your name has been deleted by HHS.)

I do not in ANY WAY think that this is abuse. I'm absolutely horrified by some of the dead beat dads and moms out there. I'm not talking about honest good working people who fall behind in support. I'm talking about the kind of people who choose not to pay child support when they could. The state and gov can not make exceptions for certain individuals, therefore everyone who meets the criteria can not get a passport.

Quote:

Originally Posted by Shell_Lee

I really have to disagree with this. A NCP can not get a passport if arrears is in excess of $2,500 and they are not on a payment plan with their state

(Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . If this applies to you, Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport. This is because:

* The State agency must certify to the U.S. Department of Health and Human Services (HHS) that acceptable payment arrangements have been made.
* Then, HHS must notify Passport Services by the removal of your name from the electronic list HHS gives to Passport Services. (Passport Services cannot issue a passport until your name has been deleted by HHS.)

I do not in ANY WAY think that this is abuse. I'm absolutely horrified by some of the dead beat dads and moms out there. I'm not talking about honest good working people who fall behind in support. I'm talking about the kind of people who choose not to pay child support when they could. The state and gov can not make exceptions for certain individuals, therefore everyone who meets the criteria can not get a passport.

I don't want to veture too far from the OP's question. But I myself have had to deal with agencies over issues that arose from lies. Judge didn't care and agencies were extremely slow to move forward. In Cali if your drivers licence is suspended because some DA says so and after a hearing its proven to be incorrect.. or if your paying and they mess up and don't credit you right. Then the number for the state agency is an answering machine that ends with.. It may take 15 working days and up to 90 days to clear this mater.

If the system worked correctly then it wouldn't take forever to make corrections and be so quick to take your rights away. Im not for the NCP that refuses to pay but statistically most of us the owe pay our due.