SPARC Forums

Main Forums => Visitation Issues => Topic started by: spinner on Nov 08, 2004, 05:57:37 AM

Title: where does it say that I need approval?
Post by: spinner on Nov 08, 2004, 05:57:37 AM
I posted on another state board but I want to re-post here.

Basicaly I re-re-re-re-re-re-read my divorce decret last night and court order and I can't find anywhere that says that I need the other parent approval to go out of my state (and even out of the USA).

I realise that it is better to have approval and I have it BUT I am trying to find where or what document says I HAVE to have her approval to go out of state.
Title: RE: where does it say that I need approval?
Post by: joni on Nov 08, 2004, 11:37:00 AM

We just inform my SD's BM that we're going out of state.  WE don't have anything with her approval for us to travel, we don't need it.  We just tell her out of courtesy.  We've never had a problem with the airlines asking for proof.
Title: RE: where does it say that I need approval?
Post by: spinner on Nov 08, 2004, 12:41:41 PM
it's not the airline I am afraid of, it's that she makes up a lie and call 911 to say I kidnapped my kid when this is not correct.

Sure they'll sort it out (after the knock on you !)
Title: well...
Post by: ocean on Nov 08, 2004, 03:38:55 PM
Some orders have them in there...always carry your order everywhere you are. I have a copy in my car! (take it on all vacations...) then you just pull out the order and show them. What did they do???
Title: RE: well...
Post by: spinner on Nov 08, 2004, 06:32:12 PM
hehehee I have one in my car as well :)
I will do
Title: RE: well...
Post by: joni on Nov 09, 2004, 11:49:47 AM

if the court order doesn't mention that you're limited to where you can take the child and that you don't need the mom's written permission, she can say all she wants.  just show the cops that within your court order.

I'll assume you have the child during your court ordered time, that further substantiates your right to have her.  some court orders says that the parent with the child has the right to make decisions when the child's in their care.  this further substantiates your right.

just make sure your court order doesn't mention anything about needing her permission.  I wouldn't worry about it.  If mom should make some false claim against you, you can always go after her in family court as well as criminal for making a false police report.
Title: If you don't have sole custody
Post by: patton on Nov 10, 2004, 11:47:48 AM
I'm pretty sure the only stipulation that is NOT in a court order, is if you try to remove the child out of the country.

If you do not have sole custody and you are the CP or NCP you must have the other's signature to apply for a passport for the child.

Otherise if it's not in the order, go where you want to when it's your time.

Title: RE: If you don't have sole custody
Post by: spinner on Nov 10, 2004, 11:51:20 AM
this is actualy to go out of the country.

we already have the apssport, the american one is in order, she signed on it and the european one I didn't need her signature to order it.

I have share lecal but not shared physical custody

does that makes a difference ?
Title: RE: where does it say that I need approval?
Post by: Stepmomnow on Nov 10, 2004, 01:10:22 PM
The customs agents and airlines will not allow you to take a child out of the country, enven with a passport, if you do not have a signed letter from the other parent allowing you to do so.

Than being said, if you are travelling with your family, there is no way the customs agent would know that the other person is not the child's biological parent, unless there is another factor that will point that fact out.  

I would get the letter, just to be sure.  This is true, even though the other parent signed the passport app.
Title: RE: where does it say that I need approval?
Post by: stepma on Nov 10, 2004, 11:29:13 PM
We have a similar problem with my DH'S ex, she doesn't even want us to take the kid out of city limits!!! BUT......... Really how much effort does it take to tell her by phone or mail that you are taking a trip??????? I think you should treat people the way you want to be treated, no matter how evil or vindictive they are.
Title: Really the problem doesn't reside there
Post by: spinner on Nov 11, 2004, 06:20:17 AM
well I already have a letter stating she is ok with the trip out the USA

Really the problem doesn't reside there.
In the past she had said: sure do that, you have my approval (note that then I didn't have the sign letter) and once gone called the cops on me to say I abducted my kid.

Sure the cops sorted it out. (after they arrested me in front of my 3 year old, .......) I am just trying to avoid the same "crap" from her and them.

I think I will do an affidavit and drop it at the police station before I live so they know what's going on!
Title: RE: Really the problem doesn't reside there
Post by: stepma on Nov 11, 2004, 07:59:16 AM
:7 Smart idea!