Please help!! Lost passport

[rocky555]

HI! I am asking this for my best friend. She is traveling early July out of New York. She lost her daughters passport. She is divorced from daughter father but has kept her married name.. (I am divorced with same last name as my kids and travelled multiple times before she had a passport just with her Birth certificate, and never was asked for a letter from the father because we had same last name.). Anyway, she is getting married on this cruise ship,(obviously changing name later) and she is worried that they won't let her on the ship with her daughters BC because she is getting married on the ship without a letter from her ex. I told her I have never been asked for a letter, and I doubt it will make a difference about her getting married since she has the last nam as her daughter. Her ex will not help with the passport just to be a jerk. What do you guys think? Will whe be able to get on the boat?

 

 

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[txagfan]

Call NCL...so many issues in this post.

[txagfan]

I'll try to help I guess...I travel with nephew. If she is the custodial parent and has documents proving this and documents to prove she is person on birth certificate it SHOULD be ok. I would highly recommend someone get ex on phone. I always make my sister get her baby daddy to sign the NCL document b/c I don't want to be playing pretend lawyer with port agent looking at the documents. Usually there is at least one sensible person who can get this signed if ex is a pita...grandmother (his mom), an aunt/uncle (his sibling), etc.

Edited June 1, 2016 by txagfan

[rocky555]

Thank you!!

 

 

 

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[PlanoDebbie]

You may also want to see about getting a replacement Passport expedited. It's gonna cost a chunk of money, but way better than being refused at the pier.

[rocky555]

You may also want to see about getting a replacement Passport expedited. It's gonna cost a chunk of money, but way better than being refused at the pier.

 

 

She asked and she needs her ex to get a notarized letter to let her kid get a passport, and he won't just to be difficult.

 

 

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[Loonbeam]

Because the last names are the same and hopefully she has proof of custody, she SHOULD be ok. Emphasis on the SHOULD. This also assumes its a closed loop cruise (most out of NYC are).

 

Even though getting married on board, all paperwork will still be in the original last name, so again, I don't expect a hard time with customs.

 

That said, two issues to consider. One - in the event of an emergency, without a passport the process of returning to the US by air becomes a lot trickier without the notarized letter (it will still happen, but there will be extra scrutiny. Second - you could always get the overzealous doc checker who wants to scrutinize every little bit of paper.

 

All in all, I'd say the risk was minimal, but I have seen issues arise in the past, and if she can't get a notarized travel auth and has full custody she may want to consider asking the court that granted the divorce for assistance. The judge may be willing to either authorize the replacement or provide a court authortization to leave the US (depends on the rules of that jurisdiction and the judge what they can and will do and how much it may cost).

[djmess]

I hate to say this, but even with a passport, a single parent can be asked for documentation from the other parent while traveling, especially when going on a cruise or flight out of the country.

 

I'm not a lawyer, I am a single mother that travels extensively with her son. I don't know the legal jargon/language. But my custody paperwork shows that I have sole, legal, primary custody. I was able to get a passport for my son without permission from the father.

 

But I have been asked at cruise ports and various other customs/immigration stops to produce documentation showing I can travel with my minor child. Like I said, I travel a lot. I've been asked maybe 15% of the time. I always have all the proper paperwork, so never any problems.

 

I would hate for this family to be that small percent that gets asked to produce documentation and then denied boarding for a wedding.

 

My advice is ask the Father and as another poster said, plead with other family members of the Father if he is difficult. If he will not consent to another passport or fill out the NCL letter, then at least you guys know you've tried everything and if stopped at the port, it will not be a surprise.

 

Sorry to be the gloom and doom. I'm sure many others will come on saying they have never been asked and don't worry. If that is the chance willing to take, take it. I just wouldn't advise it

[Loonbeam]

And since I can't recall this one coming up before, here's the text from a court authorization from 2007, names redacted of course...

 

-Date-

 

Persuant to request by applicant -name-, this court hereby affirms that -name- has full and uncontested legal custody of -name-, a minor, and as such has no limitations imposed on their ability to travel outside the borders of the continental United States of America. The court clearly states that based on the custody agreement filed, authorization of -name- is not required.

 

Presented and signed this day -date-

 

Hon. -Name-

-Location-

[rocky555]

Thank you all!! I think I will tell her to ask and if he doesn't to go to court. I know he won't because the ex husband sister wanted to take the kids to Mexico and even then he took 5 months to sign a notarized letter to allow passport, and that was his own sister.

 

 

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[esm54687]

also, you didn't mention if she was a US citizen..... if she isn't then throw everything that you read out the window because all responses assumed that she is!!

[rocky555]

also, you didn't mention if she was a US citizen..... if she isn't then throw everything that you read out the window because all responses assumed that she is!!

 

 

Yes she is a us citizen. If she wasn't getting married on the cruise ship she would not be as worried. She thinks they will see at the pier that she is getting married on the ship and therefore know she is divorced. As I said, I have travelled a lot with my daughter and since we have same last names, have never been asked, but I know that is no guarantee.

 

 

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[pspercy]

How old is the daughter ?

 

From Form DS-11

 

"To submit an application for a child under age 16 both parents or the child's legal guardian(s) must appear and present the following:

- Evidence of the child's U.S. citizenship;

- Evidence of the child's relationship to parents/guardian(s); AND

- Parental/guardian government-issued identification.

IF ONLY ONE PARENT APPEARS, YOU MUST ALSO SUBMIT ONE OF THE FOLLOWING:

- Second parent's notarized written statement or DS-3053 (including the child's full name and date of birth) consenting to the passport issuance for the child.

The notarized statement cannot be more than three months old and must be signed and notarized on the same day, and must come with a photocopy of the front and back side of the second parent's government-issued photo identification;

OR

- Second parent’s death certificate if second parent is deceased;

OR

- Primary evidence of sole authority to apply;

OR

- A written statement or DS-5525 (made under penalty of perjury) explaining in detail the second parent's unavailability.

 AS DIRECTED BY REGULATION 22 C.F.R. 51.21 AND 51.28:

- Each minor child applying for a U.S. passport book and/or passport card must appear in person.

 

https://travel.state.gov/content/passports/en/passports/renew.html

Edited June 1, 2016 by pspercy

[esm54687]

A lot of people with good intentions will give advice..... but the only phone I would make is to the National Passport Information Center toll free at 877-487-2778 from 8 a.m. to 10 p.m. Monday through Friday....... she may have to jump through hoops but I'm sure she's not the first person with family challenges..... does your friend have sole legal guardianship of her daughter granted in the divorce? is the daughter over 16?

 

https://travel.state.gov/content/passports/en/passports/lost-stolen.html

[sparks1093]

From all that I've read it isn't the cruise line that requires a letter from the absent parent (and it needn't be a case of divorce, the couple can still be married and one of the parents isn't traveling) it's either the country being visited (I believe Mexico is one such that does require a letter) and also CBP may want to see such a letter when you return to the US.

 

I am not sure that on a closed loop cruise that it is that much of a concern- who is going to kidnap a child in order to sneak out of the country, just to sneak back into the country 7 days later? But it is possible that a CBP officer will ask to see such a letter when you disembark. I know that I would do everything that I could in order to obtain a letter of authorization from the non-traveling parent.

[rvsullivan]

From all that I've read it isn't the cruise line that requires a letter from the absent parent (and it needn't be a case of divorce, the couple can still be married and one of the parents isn't traveling) it's either the country being visited (I believe Mexico is one such that does require a letter) and also CBP may want to see such a letter when you return to the US.

 

I am not sure that on a closed loop cruise that it is that much of a concern- who is going to kidnap a child in order to sneak out of the country, just to sneak back into the country 7 days later? But it is possible that a CBP officer will ask to see such a letter when you disembark. I know that I would do everything that I could in order to obtain a letter of authorization from the non-traveling parent.

 

This is the very reason that CBP wants both parents to sign. One leaves the country, arriving in the next country, i.e. Mexico, then boards a plane to where ever. If mom has sole custody, she should be good. If joint custody, dads rights need to be protected too. The divorce judge can settle it easily if she wants permission and he is not willing.g

[navybankerteacher]

 

...

 

I am not sure that on a closed loop cruise that it is that much of a concern- who is going to kidnap a child in order to sneak out of the country, just to sneak back into the country 7 days later? But it is possible that a CBP officer will ask to see such a letter when you disembark. I know that I would do everything that I could in order to obtain a letter of authorization from the non-traveling parent.

 

Consent letter from other parent is required, even on closed circuit --- the point is to prevent one parent from absconding with a child --- anyone with that intent would be willing to leave the ship halfway through, and proceed from there.

[sparks1093]

Consent letter from other parent is required, even on closed circuit --- the point is to prevent one parent from absconding with a child --- anyone with that intent would be willing to leave the ship halfway through, and proceed from there.

 

Note that I said it isn't as much of a concern, not that it isn't a concern at all. I would think that there are cheaper and easier ways out of the country than via closed loop cruise, but people that violate the law aren't always the brightest bulbs.

[timberlysmom]

Is the process for replacing a lost passport the same as getting a new one for minors? It's possible she can alert the passport agency that the (not expired, I hope) passport was lost and have them issue a new one (with a fee, I'm sure). I'm divorced, remarried, and have two kids with two different last names - neither of which matches my current last name. I'm the only parent listed on my oldest's birth certificate, and I'm always worried they won't believe me when we check-in to travel, so I carry her birth certificate (along with passport), just in case. My ex and I don't have an awesome relationship anymore due to his new wife's insecurity and stupidity, so it's hard to get things from him.... I pretty much leave him no choice. "Ok, you won't go to the passport office with me to get youngest daughter's passport, so you'll need to fill out this form, get it notarized, and give me a copy of your drivers license." Instead of asking him to sign a travel consent form I just say "To avoid any problems that might screw up youngest daughter's vacation, I need you to sign this form and have it notarized." Asking got me nowhere with him. Lol... I'd keep track of any attempts to get him to sign the documents (letter stating ok to travel or passport form), and it can be taken to court if necessary. A judge (or perhaps a simple threat from a lawyer) can either force him to sign the form, and if he still tries to refuse, a judge can fill out a form authorizing you to get the passport anyway (and maybe hold him in contempt of court!!).

Families get complicated these days, I don't think she's going to have a problem bringing her daughter on the ship even though they know she's getting married on the ship.....But if it's at all possible, I would definitely get at least a form signed by him (even if it can't be notarized for whatever reason) stating that it's ok for her to leave the country. Better safe than sorry, unfortunately.

[blackwing]

How old is your friend's daughter? Old enough to have meaningful conversations? Does she have a good relationship with her father? I would put her on the phone with him and have her ask him to help her get a passport or sign papers so her vacation doesn't get ruined. The ex would have to be a very cold hearted man to purposefully do something that would make his daughter unhappy.

 

What is he going to do when she turns 16 and definitely needs a passport to travel? Not let her go anywhere at all?

 

It's very sad that your friend's ex is using his child to stick it to his ex-wife. The parents can have all the problems in the world but you would think that they wouldn't allow their problems to get in the way of their daughter's happiness. She is innocent in all this.

[cherylandtk]

Many are mixing up the passport vs. BC issue with the legal custody/travel issue.

 

Having a passport does NOT make any difference to the legal custody issue. So while it needs to be dealt with at some point (reported lost and possibly replaced), it has zero bearing on the custody/travel issue.

 

Mom needs to take with her:

1. Daughter's BC, even if daughter's passport is found. BC shows parentage, passport does not.

2. Proof of any name changes by Mom since birth of daughter. From the description above, it sounds as if Mom's current legal ID is still the same name as on the BC. (And just because she marries on the ship, her name does not legally change until she obtains and uses new ID in that name)

3. Appropriate proof of custody of child. If her divorce decree addresses physical custody, bring a copy. Carnival generally does not ask for the permission letter from the absent parent, but could. Which is why they recommend having it; and that's whether or not the child has a passport.

 

 

And if the divorce and custody decree does not address the right to travel, Mom may want to consider going back to court asking for approval to do so. Judges tend to look very unfavorably on parents who withhold such permission as it is against the best interests of the child. The proof of past history with the sister, as well as any proof of his refusal in current situation can be enough to grant Mom full physical custody.

[Into Cruising]

PARENT / GUARDIAN CONSENT & RELEASE FORM

Norwegian Cruise Line, 7665 Corporate Center Drive, Miami, Florida 33126 If you have questions,

please do not hesitate to contact us at 800.327.7030.

 

 

 

This form must be completed if a minor is not travelling with at least one parent or legal

guardian. This form must be presented at the pier during embarkation with the required

identification attached.

 

 

 

 

 

PLEASE NOTE: Both living parents/legal guardians must sign and complete this form and attach a copy

of his/her driver's license or other government issued identification. Minors of the same

parent(s)/legal guardian(s) may be listed on the same form.

 

If visiting a Canadian port (which may include Alaska/Pacific Coastal Itineraries - check

http://www.ncl.com for details), Canadian Law requires a separate letter of authorization in addition to

this form.

 

Minor’s Name (as appears on birth certificate): (1)

 

(2)

 

(3)

 

Address:

 

 

Postal Code:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Birth: 1)

Passport #: 1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

(2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)

(3)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ship: Sail Date:

Reservation #:

Stateroom #: WHEREAS,

 

(print each parent/guardian name), who currently has / have care and custody of the above listed

MINOR(s), fully agree(s) to allow such MINOR(s) to travel on board a Norwegian Cruise Line

(Norwegian) vessel, while accompanied

by

(name of adult(s) accompanying MINOR(s)) who has/have agreed

to be responsible for the MINOR(s) while travelling on board the above listed Norwegian vessel, and

 

WHEREAS, the undersigned hereby consent(s) to the above-mentioned MINOR'S passage on a Norwegian

vessel and agree(s) to release and indemnify Norwegian and its vessels from and against any and all

liability caused by said MINOR(s).

 

In consideration of the mutual undertakings of the parties and other good and valuable

considerations, the receipt and sufficiency of which are acknowledged, the undersigned covenant(s)

and agree(s) as follows:

 

The undersigned hereby authorize(s) and consent(s) to the MINOR(s) sailing on board a Norwegian

vessel and further hereby authorize(s) and consent(s) to the examination, diagnosis, treatment and

care rendered to the MINOR(s) which, in the sole opinion of the ship’s physician or any other

medical personnel acting under his or her supervision, may be necessary or appropriate under the

circumstances.

 

The undersigned further agree(s) to be fully responsible for any and all medical expenses

associated with the diagnosis, care and treatment of the MINOR(s), including emergency air

ambulance evacuation, if necessary, and to indemnify and hold Norwegian and its vessels harmless

from any liability for any and all costs or expenses incurred as a result of the medical treatment

of the MINOR(s).

 

The undersigned shall indemnify and hold Norwegian and its vessels harmless from any and all bodily

injury, death, property damage, cost and expenses (including reasonable attorney’s fees) suffered

by any person or entity, including, but not limited to, other guests, Norwegian, its employees and

vessels due to any act or omission of the MINOR(s) while on board a Norwegian vessel, whether

intentional or not.

 

The undersigned affirm(s) that the terms and conditions stated in the guest ticket contract have

been accepted by all parties.

The undersigned acknowledges that the execution of this consent and release was freely and

voluntarily made and that the undersigned has/have read and understand(s) this consent and release

and fully agree(s) to each and every term contained therein.

 

The undersigned affirm(s) that all information provided on or in connection with this consent and

release form is true and correct.

 

Executed on the

day of ,

(Year) Parent/Guardian*

(Print Name)

(Signature)

Parent/Guardian*

(Print Name)

(Signature)

 

*Both parents/legal guardians must sign and complete this form and attach a copy of his/her

driver's license or other government issued identification.

[cherylandtk]

Many are mixing up the passport vs. BC issue with the legal custody/travel issue.

 

Having a passport does NOT make any difference to the legal custody issue. So while it needs to be dealt with at some point (reported lost and possibly replaced), it has zero bearing on the custody/travel issue.

 

Mom needs to take with her:

1. Daughter's BC, even if daughter's passport is found. BC shows parentage, passport does not.

2. Proof of any name changes by Mom since birth of daughter. From the description above, it sounds as if Mom's current legal ID is still the same name as on the BC. (And just because she marries on the ship, her name does not legally change until she obtains and uses new ID in that name)

3. Appropriate proof of custody of child. If her divorce decree addresses physical custody, bring a copy. Cruiselines generally do not ask for the permission letter from the absent parent, but could. Which is why they recommend having it; and that's whether or not the child has a passport. NCL only requires the form if the responsible adult traveling with the minor is not a parent.

 

 

And if the divorce and custody decree does not address the right to travel, Mom may want to consider going back to court asking for approval to do so. Judges tend to look very unfavorably on parents who withhold such permission as it is against the best interests of the child. The proof of past history with the sister, as well as any proof of his refusal in current situation can be enough to grant Mom full physical custody.

Edited June 7, 2016 by cherylandtk

[navybankerteacher]

And since I can't recall this one coming up before, here's the text from a court authorization from 2007, names redacted of course...

 

-Date-

 

Persuant to request by applicant -name-, this court hereby affirms that -name- has full and uncontested legal custody of -name-, a minor, and as such has no limitations imposed on their ability to travel outside the borders of the continental United States of America. The court clearly states that based on the custody agreement filed, authorization of -name- is not required.

 

Presented and signed this day -date-

 

Hon. -Name-

-Location-

 

This is exactly what is needed - but, sadly, should have been obtained (AND NOT LOST, LIKE THE PASSPORT) long ago.

 

Getting on the docket of a court of competent jurisdiction (one familiar with the case) and getting the judge to sign such an order - after giving the ex-spouse a hearing - is simply a non-starter for a cruise leaving in a month or so. I am continually amazed by the failure of people to learn what needs to be done in whatever situation they are getting into - and then taking the necessary steps in timely fashion.

 

The number of people who book cruises and then realize a week before sailing that they have no idea where necessary documents are is frightening.

 

And, they vote!