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I want to take a trip with my son out of the country but his father does not want to authorize for the trip. We have never been married and never been to court for our son. Both our name are on the birth certificate. What can I do to get him to approve?
Two options: either get the father to approve the trip by reassuring him that you will be back.
-Give him a travel itinerary and the name of the hotel you intend to stay at. It might take some working to get him to okay the trip, but if you reassure him that it will be okay he might go along with it.
-Go to court and get there "blessing" to go on vacation.
Two other options which might not go down so well:
- Invite the father to come with you... you might not like it, but at least you get to go.
- If your son has a passport then you really don't need the fathers permission to go for a week or so. Thus if you have custody of your son for that given week, you could just go. Your husband might claim that you kidnapped your son, but if you come back within 3 weeks (I think) then you're home free. But it could really hurt the relationship with him and you, and it could be used against you in the future if any custody battles.
Just curious but, is there any reason why he's so keen on stopping you and your son from going on vacation?
It is true that, if your son already has a passport, then US border officials will not block you. However, you may have an issue with the Dominican Republic so you need to check with them.
If he does not have a passport, then you will need both parents signatures or a court order giving you full legal custody to get one.
Since you don't say why he is withholding permission, its hard to advise what you can do to get his permission.
Please do not give incorrect advice in the Law Board. The red highlighted portion is just simply untrue. Please show any facts that support a waiting period for kidnapping a child.Quote:
Originally Posted by Gernald
1) Travel permission is needed for this country.
2) This is not an option to take a child out of the country and not have consequences.
Quote:
Travel of children and exit requirements: Strict exit requirements apply to minors under 18 years of age (of any nationality) who are residents in the Dominican Republic. Such children traveling alone, without one parent, or with anyone other than the parent(s), must present written authorization from a parent or legal guardian. This authorization must be in Spanish, and it must be notarized at a Dominican consulate in the United States, or notarized and then certified at the Dominican Attorney General's office (Procuraduria de la Republica) if done in the Dominican Republic. The fee for this service is 1000 Dominican pesos, payable at Dominican immigration in Santo Domingo. More information can be found at the immigration office's website. Though not a requirement for non-resident minors (in the Dominican Republic), we recommendthat any minor traveling to the Dominican Republic without one or both parents have a notarized document from the absent parent(s). In addition to clarifying the reason for travel, this will facilitate departure from the Dominican Republic.
http://travel.state.gov/travel/cis_p...y_requirements
Yes he has a passport but his father just do not want to let him go cause he just do not want .Quote:
Originally Posted by ScottGem
You are saying that he won't give a reason? Have you even tried discussing it with him?Quote:
Originally Posted by JC24
But as shown by Califdad, you could have trouble getting back out of the Domincan Republic without his permission to travel.
This seems contradictory. First it says any nationality, then it says residents. I think this means, if the child actually lives in the DR despite their citizenship.This may not apply to the OP.Quote:
Originally Posted by califdadof3
But I agree, that without the father's permission it may be too dangerous to attempt to travel.
Quote:Quote:
Originally Posted by ScottGem
Though not a requirement for non-resident minors (in the Dominican Republic), we recommendthat any minor traveling to the Dominican Republic without one or both parents have a notarized document from the absent parent(s). In addition to clarifying the reason for travel, this will facilitate departure from the Dominican Republic (end quote)
The new international laws that are in place for the prevention of child kidnapping and the treaties that have been signed. The State Dept has the recommendation of having permission slips for the children with one or more absent parents. The reason for the variations is for the different methods of travel. Travel by ship is considered different then travel by plane.
In my opinion, you should just let the father feel guilty. Tell him that you want to take you're son on vacation because your son is being bullied, looks sad because his parents aren't together.. (for example). If that doesn't work, threaten to take him to court to get full custody. I don't know why you've never done it in the first place. If you aren't together, you should have known something like this may happen. If you were smart, you would have got full custody in the first place.
"Please do not give incorrect advice in the Law Board. The red highlighted portion is just simply untrue. Please show any facts that support a waiting period for kidnapping a child."
Thanks but my information was not incorrect and we are not talking about kidnapping a child... we're talking about going for a week on vacation.
Only residents of the dominican republic need the letter to travel as children, it is recommended that non-residents get the letter but it is not mandatory. My family has gone to the DR on more than one occasion with just one parent, we've never been stopped nor have we required a letter. In this situation because of the circumstances with her husband I would also recommend getting the letter, but if she doesn't want to she doesn't have to: it's simply an option to make things easier if they run into trouble and to avoid legal consequences.
Additionally, while I acknowledge that I did not mention possible legal ramifications of my final option I did not fully imply that there would be no consequences. I was simply sating that because there are no custody requirements to contend with either parent could take the child out of the country without being held in contempt. However, yes legal implications may result which could affect future custody. Added to this if she has her son for that given week the father wouldn't be filing kidnapping charges anyway since he technically either wouldn't know where they are or would expect to have him back at the end of the week.
You'll also notice how that was my last suggestion and my most discouraged one after sitting down and talking rationally to the father and going to court to get permission.
Thanks for pointing out the flaws in my answer.
Now for JC24: did you speak with your husband? Have you reached any type of agreement?
I can only discuss my experience - 3 year old with passport, traveling with mother, stopped at Canadian border (leaving US) and turned back because she did not have Court Order or notarized letter giving her permisison to leave the country with the child.
And then there are parents who are stripped of their rights after taking the child out of the country on one parent's version of kidnapping and the other parent's version of vacation. Would I take my child without the permission of the other parent? No. Maybe nothing will happen. Maybe something will. Take the chance? No.
When you traveled, was there another parent who objected to the travel? That is the issue you are missing and why your response was inaccurate and could be dangerous advice for the OP.Quote:
Originally Posted by Gernald
If she goes without permission and the husband files a complaint. It will be noted that she went to DR and the DR authorities may be informed and take action. There is no waiting period for kidnapping as you erroneously stated. All the father would have to do is start an Amber Alert and the OP can find herself up to her neck in legal troubles.
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