Child Flying Unaccompanied

[SunnyGirl]

Does Florida law permit a 9 almost 10....year old to fly unaccompanied at the noncustodial parents expense? This would be for Christmas and summer visitation with the noncustodial. At this time, the custodial is denying the child the right to fly alone to visit. We are relocating in June and need to know if an attorney is necessary.

Your assistance is greatly appreciated.

[joni]

Don't know about Florida law but the airlines (United and American) allow 5 y.o. to fly direct unaccompanied and anything but a direct flight, the child must be 8 y.o.  Frontier Airlines states that any child, 5-14, can only fly unaccompanied if it's a direct flight.

I think it would depend on the agreement of the parents.  My DH's Ex wanted to put her 6 y.o. daughter on a flight alone to see us because she wanted to move.  My DH refused, wanted the child accompanied by a parent each way until she was 8 y.o.  The judge agreed with him.  My DH flies to pick her up, his Ex flies to take her back home.

I would say you need an attorney if the custodial parent is already denying the child to visit you.

[wendl]

In WA kids under the age of 12 cannot fly alone, HOWEVER, you can pay the airline an extra fee and the airline will be with the child from the moment they get to the airport until the moment the authorized person (with ID) comes to pick up the child.

My son just went to his grandparents over the holiday via plane, it cost us $30 when we dropped him off at the airport and $30 when grandma dropped him off at the airport to return home.

Same thing with trains, they have the extra fee, but the airlines may have restrictions like the trains where it has to be a straight thru ride and may only be allowed to travel at certain times of the day. With the trains here unocompanied kids can only travel between 6am-9pm.

So I suggest calling the local airlines or a travel agent to see what options they have for you.

**These are my opinions, they are not legal advice**

[SunnyGirl]

I am familar with airlines allowing this as my children fly unaccompanied (we pay the fee). However, my question relates to the Courts. What age do they feel appropraite for a child to fly alone.

Thanks,
Sunny

[wendl]

how old are the kids, my friends son started at age 5

**These are my opinions, they are not legal advice**

[SunnyGirl]

The child in question is 9 almost 10. Very mature for their age. The BM is refusing to allow the child to fly alone...personally, this is just another way to remain in control...and alienate the BF.

[wendl]

They are old enough, hell it is ok for 12yrs to fly alone without the companion(sp)

No reason why 10yr old cannot fly with a companion.  I think a judge would allow a child of that age to fly with a companion.

OR suggest fine dad flies to moms town to pick up child and mom flies to dads town to pick up child IF mom is unwilling to allow the child to fly alone or with an employee companion. My friend did this when his son was 3.

**These are my opinions, they are not legal advice**

[joni]

I agree that the child's probably old enough but the court just doesn't decide based on an arbitrary age.  You cannot go into court with the airline rules and say "the airline says it's OK".  That's not evidence.  It depends on what the parents say and the judge's own prejudice and the circumstances.

You already said mom said no.  You'll have to go to court and the mom will be screaming in front of the judge...saying no, my child is too young, my child has anxiety, my child is afraid.

It'll be up to the judge to decide if mom's concerns are legitimate and decide for mom or against mom's wishes.

If mom huffs and puffs enough, the judge may tell the mom that since she's so concerned, she has to accompany the child on one of the legs.

But the reality is this, you're the ones moving away from the child.  The judge may say you have to pay the whole airfare for the child and your DH will have to fly to get the child and take the child back if the judge decides your child cannot fly alone.

As I told you, my DH successful petitioned the court to make mom accompany their 6 y.o. one of the legs of the trip and my DH volunteered to do the other leg.  Right now, my DH is sitting on a tarmat with his daughter for a grounded flight from NY to Chicago because of the snow here for the past 3 hours.  The court would not let mom move unless mom did this.  Granted, 6 y.o. is years apart from the maturity of a 10 y.o. but you never know how compelling mom's argument may be.  

[Kboeds]

Have the kids flown before? with or without supervision?

The only thing I might suggest is that when you put the agreement on paper (via the courts) see if you can specify changes at certain ages.

My dh did not do that so we will have to go back again. Dh is the one who moved away from the kids, so we took on 100% of transportation cost. I don't know if it was the ex who didn't want the kids to fly alone or the judge. I just know that dh has to fly to MI rent a car, drive to ex's house, pick up the kids, return the rental car, then get back on a plain with the kids to bring them to TX. He does the same thing when it is time for them to go home. The kids are now 8, 9, and 12 and we feel that they have had enough flight experience over the last 3 years to fly alone. We should have thought ahead to have it in the papers that at (____) age or after so many years the kids would begin making the trips alone. (If that is even possible to do ahead of time...Idon't know)

If you have to agree to the most expensive route, as we did.. then at least see if annual or bi annual changes can be written in so that over time the kids are traveling alone.

Good Luck
KB

[Kitty C.]

For the most part, it's not a state rule, but rules and guidelines of the FAA, which ALL airlines must follow.  Others were correct, in that UAM's are allowed to fly from the age of 5 thru 12, only on non-stop flights from 5-8, and one plane change from 8 on.  It is MANDATORY that all children from 5-12 fly UAM, after that, it is optional.  DS will be flying out this summer to see his dad's family, and since he'll be 16 by then, it'll be up to me whether I fly him UAM.  But he's flown so many times (he's even guided me thru DIA, LOL!), I don't see the point in it.

DS flew back and forth between IA and CA from 1994 thru 2003, he started at age 5.  There are specific rules that the airlines MUST follow, or face severe penalties from the FAA.  They did make some changes after 9/11, but all for the better.  In our case, it was the JUDGE who made the recommendation that DS fly........something I had never heard of before.

One thing you might want to find out is to call up a few airlines and ask them if they have any stats on UAM's, specifically in volume of passengers...I think your ex would be blown away at how many do fly alone.  There is always a fee for the service, a child is NEVER left unattended (even on layovers), they must wear a predominant button at all times, and MUST be escorted on and off the plane by staff.  Forms have to be filled out, listing contacts.  They will also make you stay at the gate until the flight is in the air, just in case it has to return to the gate for any reason.

I've seen this so often..........parents refusing to let their children fly...and it's ONLY out of vindictiveness towards the absent parent.  Flying is still the safest way to travel.  DS flew enough (every summer and EO Christmas) to earn a free flight....25,000 plus.  In all that time, I NEVER once worried about his safety while flying, just missing him!

Has this been brought up in court yet and what does your atty. or the judge say about it?