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Full legal and sole custody


krznkim

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I have a question. I am looking at a Carnival Cruise in June. I have sole leagal and sole custody of my 2 children, ages 15 and 12. I went to put the deposit down on the cruise and now my travel agent tells me I need the dads permission??? Does any one know the rules about this? I haven't seen my ex in years. I live in the State of Missouri. Any advise would be appreciated.

 

Thanks so much!

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....I have sole leagal and sole custody of my 2 children, ages 15 and 12. I went to put the deposit down on the cruise and now my travel agent tells me I need the dads permission.....

 

 

Sorry, no first hand knowledge here.

 

However, from reading these boards over the years, I have picked up some information. At one time, it was a blanket statement that single parents had to have written approval of the trip from the other spouse.

 

It may have been as early as last year, but Princess dropped this requirement. Since this is a delicate subject, I suggest you call your cruise line directly and simply ask. Hate to hear of anyone stuck at a cruise center because they were given bad information.

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I have a question. I am looking at a Carnival Cruise in June. I have sole leagal and sole custody of my 2 children, ages 15 and 12. I went to put the deposit down on the cruise and now my travel agent tells me I need the dads permission??? Does any one know the rules about this? I haven't seen my ex in years. I live in the State of Missouri. Any advise would be appreciated.

 

Thanks so much!

 

I'm not sure why this would be an issue. I am traveling with my husband and three children -- the older two (15, 17) from a previous marriage. Nobody asked me if they were my husband's biological children.

I believe it would only be a passport issue -- which your kids won't needfor a June cruise.

If you have sole custody of your children, at best all you would need to do is show your custody papers and I'm pretty sure you would only need to do that to apply for a passport for any child under 14. I just got passports for my kids and I did not have to submit anything from their biological dad, just my marriage certificate to prove I was their mother.

That's the point of having sole custody: you don't need to ask permission. You are in essence a single parent.

 

Book your cruise and have a great time!

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It is an issue and a big one. It bascially has nothing to do with what the cruise lines require but what the countries you are entering require and many of them require letters from both parents to prevent children from being kidnapped. Full custody may not matter because the courts in these foreign countries are not obligated to accept court orders from US courts. Generally this is going to be more of an issue with land vacations than with cruises and from my understanding Mexico is very strict.

 

Best advice is to call your cruise line and have them send the requirements to you by mail or email. Meet those requirements and bring all documents along with the lines letter with you when you board.

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There is a difference between physical custody and legal custody. If OP has sole legal custody as stated in her thread title, then she does NOT need permission from the father. She DOES need to bring the court order giving her sole legal custody of the children. In her case, the TA appears to be mistaken, or at least confused between physical custody vs. legal custody.

 

Carnivals Policy:

When traveling with a minor and both parents/legal guardians are not cruising, we strongly recommend bringing an original signed letter from the absent parent/legal guardian authorizing the minor to travel with you.

 

Since OP is the only legal parent; she does not need the father's permission.

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There is a difference between physical custody and legal custody. If OP has sole legal custody as stated in her thread title, then she does NOT need permission from the father. She DOES need to bring the court order giving her sole legal custody of the children. In her case, the TA appears to be mistaken, or at least confused between physical custody vs. legal custody.

 

Carnivals Policy:

When traveling with a minor and both parents/legal guardians are not cruising, we strongly recommend bringing an original signed letter from the absent parent/legal guardian authorizing the minor to travel with you.

 

Since OP is the only legal parent; she does not need the father's permission.

I agree. I'm also a single mom, and in my divorce settlement, the papers state full control & custody of the children. This made me their legal guardian, not us (me & my ex). I took a certified copy (had the gold seal) of my divorce papers showing that I had full custody & control. I was never asked for them, but had them just in case. Since she is the guardian I agree that she should not need his permission, now if it were joint custody, then, I could see it. I think she'll be just fine with the divorce papers.

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I'm not sure why this would be an issue. I am traveling with my husband and three children -- the older two (15, 17) from a previous marriage. Nobody asked me if they were my husband's biological children.

!

 

I will be huge if you are ever asked and you do not have papers stating you have sole or full custody or a paper from their father stating it is ok for you to take them out of the country.

 

From the U.S. State Department

 

"Minors (individuals under the age of 18) traveling alone, with only one parent or with someone other than his/her parents must have a notarized letter of consent, signed by both parents or the absent parent. If parents are divorced, a Parental Custody document is permissible in lieu of notarized letter."

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You are all missing the point.....

 

These are foreign laws that have to be followed to ENTER that country. THEY ARE UNDER NO OBLIGATION TO ACCEPT DOCUMENTS FROM A US COURT. As I stated earlier, check with the cruise line and follow their instructions to the letter. Chances are you will not have a problem on a cruise however be prepared. You can all give anecdotal evidence but all you need is once if not prepared.

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You are all missing the point.....

 

These are foreign laws that have to be followed to ENTER that country. THEY ARE UNDER NO OBLIGATION TO ACCEPT DOCUMENTS FROM A US COURT. As I stated earlier, check with the cruise line and follow their instructions to the letter. Chances are you will not have a problem on a cruise however be prepared. You can all give anecdotal evidence but all you need is once if not prepared.

 

I completely agree with your point. And we don't know what foreign laws may apply to the OP's situation.

 

My point is simply that if she is the sole legal custodian (guardian) of her children, then she doesn't need any one else's permission to travel with them. I find it hard to believe anyone would be challenged on that point by a cruise line -- and if she is challenged in a foreign port than she can just stay on board, right?

 

But since I am making my first cruise, I am hardly an expert. I agree with you that the best course is to check with the cruise line (not a TA) and get their best advice/requirements based on the fact they deal with this issue probably dozens of times on every single cruise.

 

Like all child custody issues, this could be extremely messy, complicated and even dangerous depending on a person's situation. There are certainly times when it's a lot easier to make my own decisions and not hassle with my ex -- who rarely communicates with my children, let alone sees them -- to make sure he can't disrupt our lives. (That's why he's my ex, right?;) ) For me, it's worth the slight risk.

It sounds like the OP is in a near-impossible situation with her ex. I still think she will be just fine on a cruise. Her divorce papers should be more than enough for her to enjoy a vacation with her children.

 

But I am curious: Has anyone ever been challenged on child custody on their cruise?

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Don,

 

Your point was not missed: cruise line policy was copied verbatim and stated above. Permission is suggested, but not required. This is in current compliance with all destination country entry requirements.

 

All cruise destination countries recognize US court legal custody documents just as they recognize US birth certificates, and death certificates, for purposes of determining child parentage.

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OP states she has SOLE and LEGAL custody, hasn't seen the ex in years and no contact? Basically, he is not in the picture, period. Doubtful this will even come up. Just take your papers. They cannot require her to contact someone she cannot even find. I have never been asked for anything when travelling with my son, although I did carry a note from the father. I like the other poster who said her spouse was not the children's bio father! How come they don't ask everybody with children that question!?

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Wow, the question never came up when I made my reservations (on NCL) for me and my two kids. Perhaps because we're going to Alaska (from Seattle) and it's all the US of A? I've spoken with three reservation agents who clearly had all my info and I was never asked about custody arrangements.

 

My ex did take the kids to Europe a couple of years ago and at that time I had to sign a form saying I knew about it.

 

Is this something I should contact NCL about, or just bring a certified copy of the divorce agreement?:confused:

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Is this something I should contact NCL about, or just bring a certified copy of the divorce agreement?:confused:

 

Just bring a copy of the papers, as long as they say you have custody.

 

This is a customs rule, that is why the cruiseline did not say anything to you.

Customs would be the one to step in and ask, A friend of mine was detained in Canada for not having papers for her daughter, it all turned out good just a huge inconvenience.

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Wow, the question never came up when I made my reservations (on NCL) for me and my two kids. Perhaps because we're going to Alaska (from Seattle) and it's all the US of A? I've spoken with three reservation agents who clearly had all my info and I was never asked about custody arrangements.

 

My ex did take the kids to Europe a couple of years ago and at that time I had to sign a form saying I knew about it.

 

Is this something I should contact NCL about, or just bring a certified copy of the divorce agreement?:confused:

 

Actually, you will need some sort of proof regarding custody or permission from the father (if you have joint custody). Because you will be entering Canada, whether you get off the ship or not. I'm no expert and this is in no way a legal statement, I just think it would be a shame to get to Seattle and be denied boarding because you don't have proper documentation to take the kids out of the country.

 

Since you seem to be in a better place with your kids father (referring to him taking them out of the country) a similar form, signed by him and notorized would work for your cruise.

 

My husband and I are not divorced and I still had him get the form signed and notorized when I took the kids a few days ahead of him to Vancouver, BC. I didn't need to show them when we went, but I understood the airline could have refused us boarding without these letters. It's better to have them and not need them than to need them and not have them, be prepared :)

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A friend of mine has full legal custody of her daughter, and she made sure to bring those papers with her when she drove up to Canada a couple years ago. I would think that as long as you have the official papers, it would be legal and on the up-and-up.

 

 

And I could be absolutely wrong, but I'm not sure that the requirement is set by the other country, but rather by OUR country, making sure that no one is kidnapping a citizen and skirting legal proceedings (like the mother who took her child to her home country during a divorce where the husband had been awarded custody, but the airline never asked for proof that she could legally take their child out of the country).

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A friend of mine has full legal custody of her daughter, and she made sure to bring those papers with her when she drove up to Canada a couple years ago. I would think that as long as you have the official papers, it would be legal and on the up-and-up.

 

 

And I could be absolutely wrong, but I'm not sure that the requirement is set by the other country, but rather by OUR country,

 

Yes, as long as you have full custody and papers to prove ot (incase you are asked) you will have no problem.

 

when my friend was detained at the border coming from Canada, it was the US officials that detained her.

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I am a single mom also.

 

I went to the Immigration website and downloaded a form where you get it notarized ,

and the other parent gives permission for the child to get a passport. This is for minors under 14 years of age.

Or you can send them a statement why you are a exception to this rule... absent parent, etc...

Surprisingly my Ex did sighn for my daughter to get her passport. and I am hoping that this is all that I will need to go on the cruise to Cozumel and Costa Maya.

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I am a single mom also.

 

I went to the Immigration website and downloaded a form where you get it notarized ,

and the other parent gives permission for the child to get a passport. This is for minors under 14 years of age.

Or you can send them a statement why you are a exception to this rule... absent parent, etc...

Surprisingly my Ex did sighn for my daughter to get her passport. and I am hoping that this is all that I will need to go on the cruise to Cozumel and Costa Maya.

 

Signing a passport application is completely different than giving permission to go on a specific trip and may not be enough to enter another country.

 

Below are a couple of web sites which might be of interest. Those who are giving the info that custody papers are all that is needed may read these sites and find out that this may not be true. Chances are you will not have a problem but all it takes is once.

 

http://travelwithkids.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=travelwithkids&cdn=travel&tm=222&gps=295_792_1436_705&f=10&su=p549.6.140.ip_p531.22.152.ip_p532.6.150.ip_p284.7.420.ip_p284.5.420.ip_p531.20.420.ip_&tt=2&bt=0&bts=0&zu=http%3A//www.singleparenttravel.net/Writing/Documentation/

 

http://travelwithkids.about.com/cs/carplanetips/a/crossborders.htm

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I suppose that would be true if we were flying out of the country .

However in my case I am only flying inside the US and then , taking the cruise . I was told that I would be OK in my case.

Never hurts to ask.

:)

 

Do a google search, Mexico is one of the strictest countries when it comes to needing a signed statement from the other parent unless you have papers showing you have full custody, yes you will be boarding the ship in the US but there will be customs official asking for paperwork ,they may or may not ask you but i wouldn't take that chance.

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What is not true? it is pretty clear, If a parent has shared custody, they must have a signed document, if the parent has full sole custody, they parent must present those papers.

the only thing that matters here is what the State Departent & customs says:

From the U.S. State Department

 

"Minors (individuals under the age of 18) traveling alone, with only one parent or with someone other than his/her parents must have a notarized letter of consent, signed by both parents or the absent parent. If parents are divorced, a Parental Custody document is permissible in lieu of notarized letter."

__________________

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  • 5 weeks later...
We just returned from Carnival Cruise from Tampa to Cozumel, Mexico. They DID NOT ask for a parental consent form in either place. But I did take a notarized letter, just in case.

 

Thanks for the heads up :)

That is what I was planning on doing also.

I also have their passports , hoping to do more travel

after this cruise also :cool:

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