Can your ex take the children out of the country without your permission

[jcortez]

What is the name of your state (only U.S. law)? Texas

My ex-husband of 10 yrs is wanting to take our children (13 and 16 yr old) on a cruise which will stop in Cancun (during Spring Break) and is needing to get a passport for them. He has asked me to complete a document (Statement of consent or special circumstances: issuance of a passport to a minor under age 16) - have it notarized so he can get their passports (I currently have their Birth Certificates and SS Cards).

I don't have a problem with his family trips that have been inside of the US; however due to my ex's lack of responsibility throughout our divorce and after, etc. I absolutely do not feel comfortable about this trip and will not complete the document he is needing. He has taken them on a few trips within the US which have never been a problem, but I do not feel comfortable with this trip going out of the country (especially during Spring Break time - the busiest time of year which alcohol is usually involved - been there, done that prior to having kids).

Would he still be able to take them without my permission? How should I approach him on this (we have never seen eye to eye on ANYTHING and have problems with communication - I just spent 32k on trying to recover 11k of deliquent child support with him)? We both have joint custody, however I am listed as the primary custodian parent (another words they reside with me; he has visitation rights); he pays me child support, etc.

Thank you for your help....What is the name of your state (only U.S. law)? Texas

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

My ex-husband of 10 yrs is wanting to take our children (13 and 16 yr old) on a cruise which will stop in Cancun (during Spring Break) and is needing to get a passport for them. He has asked me to complete a document (Statement of consent or special circumstances: issuance of a passport to a minor under age 16) - have it notarized so he can get their passports (I currently have their Birth Certificates and SS Cards).

I don't have a problem with his family trips that have been inside of the US; however due to my ex's lack of responsibility throughout our divorce and after, etc. I absolutely do not feel comfortable about this trip and will not complete the document he is needing. He has taken them on a few trips within the US which have never been a problem, but I do not feel comfortable with this trip going out of the country (especially during Spring Break time - the busiest time of year which alcohol is usually involved - been there, done that prior to having kids).

Would he still be able to take them without my permission? How should I approach him on this (we have never seen eye to eye on ANYTHING and have problems with communication - I just spent 32k on trying to recover 11k of deliquent child support with him)? We both have joint custody, however I am listed as the primary custodian parent (another words they reside with me; he has visitation rights); he pays me child support, etc.

Thank you for your help....What is the name of your state (only U.S. law)? Texas

You are free to refuse, but Dad can go to court and request that the court order you to sign - and honestly, unless you can prove that he's a flight risk or something along those lines the court will likely rule in his favor.

 

[CJane]

Honestly, unless there is a valid concern that he will not return with the children, it's very likely a court would order you to sign the document and allow the children to go with him on this trip.

 

[Zigner]

... I just spent 32k on trying to recover 11k of deliquent child support with him...

I am sorry that you can't see the forest for the trees.

 

[OHRoadwarrior]

This is a good way to get credit for some of that lost money being spent on the kids. Do you actually think he is going to parent-nap a 13 and 16 yr old, moving them to a foreign country? The worst case scenario is you don't see one of them for 4 years.

 

[LillianX]

This is a good way to get credit for some of that lost money being spent on the kids. Do you actually think he is going to parent-nap a 13 and 16 yr old, moving them to a foreign country? The worst case scenario is you don't see one of them for 4 years.

That's not even close to the worst case scenario, when it comes to Mexico, unless they plan to live for 4 years at a resort.

That said, OP, sign the darn paper. I promise you, your kids WANT to go to Cancun, and there's about as much chance of anything bad happening at a resort in Cancun as there is in America. The kids will resent you if you don't sign, Dad will make your life more difficult, and ultimately, a judge would probably make you sign the paper anyway. It's easier to just do it and get it done with.

 

[LdiJ]

That's not even close to the worst case scenario, when it comes to Mexico, unless they plan to live for 4 years at a resort.

That said, OP, sign the darn paper. I promise you, your kids WANT to go to Cancun, and there's about as much chance of anything bad happening at a resort in Cancun as there is in America. The kids will resent you if you don't sign, Dad will make your life more difficult, and ultimately, a judge would probably make you sign the paper anyway. It's easier to just do it and get it done with.

Plus, they won't actually be doing more than spending a day in Cancun...so even if the Spring Breaks crowds were a risk, they will only be there for a day.

 

[OHRoadwarrior]

I was not going to get into the problems in Mexico. I do not think that will be an issue. They will be on organized trips and not staying in hotels. Most of the time will be on ship.

 

[LillianX]

I was not going to get into the problems in Mexico. I do not think that will be an issue. They will be on organized trips and not staying in hotels. Most of the time will be on ship.

Oh man. I totally missed that it was a cruise. I wanna go!

Lucky kids!

Edit: Wait, wait, wait.

If the cruise leaves from an American port and comes back to an American port, and only travels the Caribbean and Mexico, a passport is not required, anyway. I hope dad and the kids have fun on their cruise!

 

[mistoffolees]

Oh man. I totally missed that it was a cruise. I wanna go!

Lucky kids!

Edit: Wait, wait, wait.

If the cruise leaves from an American port and comes back to an American port, and only travels the Caribbean and Mexico, a passport is not required, anyway. I hope dad and the kids have fun on their cruise!

That's relatively new. The new rule says that children under 16 can re-enter the U.S. with a certified birth certificate instead of a passport. It doesn't mean that the other countries will let them enter without a passport. They would also need to check the rules for whatever countries they are visiting.

Can You Take a Caribbean Cruise Without a Passport? | eHow.com

 

[LdiJ]

That's relatively new. The new rule says that children under 16 can re-enter the U.S. with a certified birth certificate instead of a passport. It doesn't mean that the other countries will let them enter without a passport. They would also need to check the rules for whatever countries they are visiting.

Can You Take a Caribbean Cruise Without a Passport? | eHow.com

I suspect that dad wouldn't be trying to get passports if they were not needed...and since one of the children are 16, they would need one anyway.

 

[CJane]

I suspect that dad wouldn't be trying to get passports if they were not needed...and since one of the children are 16, they would need one anyway.

But a passport for a 16 year old doesn't require the signatures of both parents.

 

[Proserpina]

Out of sheer curiosity, and I realize it's not important, but is this your first thread, OP? I noted that you registered a few years ago.

Is there some history we're missing?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

My ex-husband of 10 yrs is wanting to take our children (13 and 16 yr old) on a cruise which will stop in Cancun (during Spring Break) and is needing to get a passport for them. He has asked me to complete a document (Statement of consent or special circumstances: issuance of a passport to a minor under age 16) - have it notarized so he can get their passports (I currently have their Birth Certificates and SS Cards).

I don't have a problem with his family trips that have been inside of the US; however due to my ex's lack of responsibility throughout our divorce and after, etc. I absolutely do not feel comfortable about this trip and will not complete the document he is needing. He has taken them on a few trips within the US which have never been a problem, but I do not feel comfortable with this trip going out of the country (especially during Spring Break time - the busiest time of year which alcohol is usually involved - been there, done that prior to having kids).

Would he still be able to take them without my permission? How should I approach him on this (we have never seen eye to eye on ANYTHING and have problems with communication - I just spent 32k on trying to recover 11k of deliquent child support with him)? We both have joint custody, however I am listed as the primary custodian parent (another words they reside with me; he has visitation rights); he pays me child support, etc.

Thank you for your help....What is the name of your state (only U.S. law)? Texas

So you are being selfish and controlling and this benefits the children how? Oh yeah. It doesn't. It benefits you. You are ridiculous. May dad take you to court to force you to sign for this trip and the judge slam you hard.