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Old 02-01-2010, 10:43 AM   #14 (permalink)
Arubalisa
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Join Date: May 2007
Location: Boca Catalina
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US Customs & Border Protection FAQ

"Question:
If a child (under the age of 18) is traveling with only one parent or someone who is not a parent or legal guardian, what paperwork should the adult have to indicate permission or legal authority to have that child in their care?

Answer:
Due to the increasing incidents of child abductions in disputed custody cases and as possible victims of child pornography, Customs and Border Protection (CBP) strongly recommends that unless the child is accompanied by both parents, the adult have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, or friends, a note signed by both parents) stating "I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter. He/She/They has my permission to do so."

CBP also suggests that this note be notarized.

While CBP may not ask to see this documentation, if we do ask, and you do not have it, you may be detained until the circumstances of the child traveling without both parents can be fully assessed. If there is no second parent with legal claims to the child (deceased, sole custody, etc.) any other relevant paperwork, such as a court decision, birth certificate naming only one parent, death certificate, etc., would be useful.

Adults traveling with children should also be aware that, while the U.S. does not require this documentation, many other countries do; failure to produce notarized permission letters and/or birth certificates could result in travelers being refused entry (Canada has very strict requirements in this regard). ..."

Northwest Airlines nwa.com - Travel Planner - Tips - Children


"Many countries require documentary evidence of the traveling adults' relationship to the child and permission of the parent(s) or legal guardian before they will allow the child to cross the border. Single parents, grandparents, or guardians traveling with children often need proof of custody or notarized letters from the other parent authorizing travel. These requirements are in addition to passport or proof of citizenship requirements.
  • Minor traveling with one parent: If a minor child is traveling with only one parent, the absent parent is recommended to provide notarized consent. If only one parent has legal custody, that parent should be prepared to provide a court order of child custody to airlines and international authorities.
  • Minor traveling alone: If a minor child is traveling alone or in someone else's company, both parents (or the sole, documented custodial parent) are recommended to provide notarized consent.
  • Minor with a different last name: If a child traveling has a different last name from the mother and/or father, the parents should be prepared to provide evidence to airlines and official authorities, such as a birth certificate or adoption decree, to prove that they are the parents.
  • Minor has one deceased parent: If one parent is deceased, a death certificate should be readily provided by the other parent.
  • Minor has one parent: If the birth certificate shows that the minor only has one parent, it will be sufficient to hold only a notarized copy of the birth certificate."
When we traveled internationally with our then foster child, we were required by law to have a court order from the judge (it was up to him, not the parent since she was in the care of the state) overseeing her case. Traveling domestically as well. We were never asked to see the court order but it gave us comfort knowing that should parentage ever be questioned, we were fully within our legal rights. Better safe than sorry.
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