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leaving the country with minors

Last activity 03 January 2014 by Priscilla

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alliwarmi

hi all,
I'd like to take my sons to my country England (of which they're citizens too) for a holiday but not sure if their father will give permission. What can I do?
Thanks!

timo31750

Why are you posting this here? Get your tail to an attorney for that answer.
Come on, really, who wants to share in this issue??

quito0819

Because, maybe, someone here has faced the same situation?

Mike

James

Nowadays with international trafficking of persons and international child abduction most countries have ratified the Hague Convention on the Civil Aspects of International Child Abduction and have adopted very strict regulations regarding travel with minor children, especially when accompanied by only one parent or by a third party.

It is unlikely that any airline will allow you to board an international flight without the following documents if you're traveling with a minor and most certainly immigrations officials both in Ecuador and in the UK will want to see them as well:

Notarized Letter of Consent from parent(s) not traveling with child. (may be required even if traveling parent has full legal custody);


Passport for the child (most countries now require separate passport for minors);

Visa for child (if required);

Birth Certificate and other supporting identification documents for child;

Court Order permitting travel (if other parent does not consent or whereabouts are unknown);

Other legal documents - (Divorce Decree, Custody Orders, Death Certificate if other parent is deceased).

Note: Even if you have full legal custody of your child, you are legally required to obtain permission from the other living parent or an Order of the Court to authorize international travel, since the issues of custody and visitation are NEVER closed and removal of a child from the country of residence of a non-custodial parent can be legal grounds to request the Court review custody provisions.

You don't mention why you think that their father won't agree. I take it that you are divorced/separated from the father or you'd have already discussed this issue. If you can't obtain the father's permission whatever you do, you cannot avoid the steps and documents listed above without putting yourself into a position of facing criminal charges. This is a very serious issue and one that has serious civil, criminal and diplomatic consequences. If you are unable to obtain the father's permission then you must retain a lawyer and apply to the Courts for permission.

DISCLAIMER: The foregoing information is simply a statement of the legal requirements and the reasons why these requirements exist. It is not to be construed that, YOU, are in this kind of situation. The information is given for purposes of the required documents and procedures ONLY.

Priscilla

Hi alliwarmi,

Please note that your topic is now available on the England forum in order to bring more light to your subject.  :)

Thank you,

Priscilla
Expat-Blog team

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