Q: Can I take me kids on vacation out of the USA w/out a parental consent letter?
I have a 16yr old son & 13yr old daughter. Parenting time is 50/50. Our orders say that if one of us goes on vacation with the children, we are to give other parent all the itinerary. ie flight # & times, hotel info, or any contact info of were we are going. It does not say however we need to get permission from other parent on where we can go. Just as long as it does not interfere with the other parents parenting time. I informed my ex wife that I intended to go on a Caribbean cruise in the summer and I may need to get my daughter a passport (son already has one). Upon further investigation, since she is under 16 she does not need a passport, just a birth cert. They also "recommend" a letter of consent from other parent. However, when I told my ex wife this, she denied getting my daughter a passport, and told me she did not want the children going on a cruise. So can I get into trouble if I go anyway w/ out a letter of consent to go on a cruise. Belize, Cozumel & isle of Ro
A: From a family law standpoint, if your orders do not prohibit out of country travel, you would not be violating orders by taking them out of the country for a vacation without her consent. You need to look into who would need a letter of consent, whether the cruise, airlines, or other country. If you are told that you absolutely need the letter of consent, you may need to file a motion with the court seeking sole legal custody regarding travel.
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