Going to Canada?

Question

We are taking a short holiday to Canada in a couple of weeks(we live in Ohio). I have a 12 year old step son. We get him regularly. I know we need our birth certificates to leave ( I know passports next year), but do we need anything notorized from his mother letting us take him across the boarder. I know we don't need her permission to leave the state, we just have to provide her the information on where we will be and a way to reach us, but do we need her permission to leave the country? She went to Canada a few years ago and didn't get my husband's OK, but she does have primary custody. I wasn't sure if that mattered or not.
Thanks

Since "We" are married (going on 9 years now) and "We" are all going together, I am very much a part of this. "We" are a family, what affects one, affects us all..........

hexeliebe the only snippy one here is you. I'm not in front of a judge, I asked a simple question. You are the one that made the personal attack. I may not have any legal entitlement to my step son, but I never claimed that I did. All I wanted to know is if any documentation was needed to take my step son out of the country for 3 days with us. All you had to do was share your knowledge.

Answer 1

Divorced parents with shared custody rights and non-custodial parents should carry legal documents establishing their status; a notarized letter authorizing the child to travel with that parent is required.

Non-custodial adult parents or guardians must attach a copy of supporting documents such as a court order or letter of authorization, if the application is for a child under the age of 18, who will be travelling with the noncustodial adult.

Answer 2

Alene1968 is right on the money. I am in the same boat you are, except travelling the other way, from Canada to the US.

You might be interested to know that I have never had a problem entering another country with my stepchildren...the scrutiny begins when we are trying to get back in to Canada(they have different last names, which I am sure raises a flag with Canada Customs).

In the US, regulations are similar...see link below

Answer 3

"WE" don't need anything. You are not a party to this.

Your husband needs a copy of his custody order from the court and his visitation order (if separate) and it will be a good idea to have his passport along.

Tell him to read carefully his custody order. While the court can restrict the movement of the child, there is usually a 30 day period where either parent can travel any distance without repercussions.

Once that time period (30 days usually) is exceeded, it becomes relocation for which the court must be informed along with the other parent.

EDITED FOR SNIPPY REMARK:

While YOU may be married, YOU have no legal rights to the child and no standing to do anything. I suggest you lose the attitude very quickly. Or do you think as an attorney I don't know what I'm talking about?

If so, you are free to ignore my advice. But the next time you are standing in front of a judge and you say "WE" don't be surprised if you are told to leave and wait in the hallway.

FOR ALENE:

WHile a notorized document MAY be needed by the canadian authorities, it is NOT required by U.S. law.

Answer 4

As long as your husbands name is on the birth certificate.