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Required Documents For Travel With Minors
Did you know that a child departing the United States and traveling with only one parent, a guardian, grandparents or other adults, must have a written and notarized permission letter from both birth parents or legal guardians to enter many countries, even on a cruise ship's shore excursions?
In an effort to halt international child abduction, runaways, and the transport of children involved in child-custody disputes, American carriers have been cracking down on adults departing the U.S. with minors. This is due to the enhanced awareness of children's rights raised by the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a treaty created to deter international child abductions. As of January 2010, the Hague Convention on Abduction is in force between the United States and 75 other countries and territories, including Canada and Mexico.
The Canadian Department of Foreign Affairs and International Trade reminds visitors that "Foreign officials and transportation companies are vigilant concerning documentation for children crossing international borders. Make sure you carry the proper identification for yourself and any children traveling with you, including any documents that might be required by the authorities of the country you intend to visit, and by Canadian authorities on your return to Canada with the child."
Additionally, rising health care costs and legal issues have forced many medical providers to deny medical care to minors without proper authorization. Increasingly, written permission from guardians who carry the minor's insurance coverage as well as proof of that medical insurance coverage are required at emergency care facilities. Read on for tips on how to make this paperwork less of a burden, and to obtain sample forms. (Sample forms available here.)
U. S. Passports & Foreign Passports
To enforce the Hague Convention provisions, the U.S. Department of State requires that every citizen, no matter the age, carry her own passport and appear in person to apply for one. Since July 2001, strict guidelines for the issuance of passports to minors have required the presence of both parents, with proof of parentage, or one parent's appearance with a notarized statement of consent from the second parent or legal guardian.
Exceptions are made if there's documented evidence that a minor has only one guardian; for example, divorce papers, death certificate, adoption papers or lawyer's letter would indicate that the presence of one legal guardian is sufficient.
This is a complex issue, so American citizens should be sure to call the National Passport Information Center with questions at their toll-free phone assistance line, 877/4USA-PPT (877/487-2778 or 888/874-7793 for TDD/TTY help); or visit check the NPIC website before arriving at their office for an interview. Citizens of other countries must check with their own country's embassy, as passport issuance laws have become more strict all over the world. for more information on this topic, and tips for parents with dual nationality or different counties of citizenship, Michelle Higgins' story in the New York Times Practical Traveler column should be of help.
If you're planning a foreign vacation, start this process early. As part of the Intelligence Reform and Terrorism Prevention Act of 2004, re-entering the United States by air, land or ship from any destination -- including neighboring countries which previously required only a birth certificate -- requires passports from American citizens of all ages. Exceptions, such as those being made for children 16 and under who may travel by land or sea to neighboring WHTI countries with only a birth certificate, do exist. But rules change regularly. The increased number of applications have created a processing backlog at the National Passport Center.
If custody issues are a concern, the Children's Passport Issuance Alert Program provides notification to parents of passport applications made on behalf of minor children, and denial of passport issuance if appropriate court orders are on file with the CPIAP. The Office of Children's Issues (888/407-4747) will provide more information.
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http://www.familytravelforum.com/share/blogs/13925-Easy-Travel-Agent-Can-ItOr-Maybe-Not.html
I am traveling with my niece out of the country and have talked to the airlines. They strongly recommend that you have the letter and that it is notarized to insure that it is not forged. Most, if not all, banks have a notary public on hand. While it is undoubtedly a hassle it is far less of one than being denied entry to a foreign country.
According to the Canadian government website for Foreign Affairs and International Trade of Canada: "It is strongly recommended that children travelling alone or with one parent carry a consent letter for every trip abroad. It is advisable to have the consent letter certified, stamped, or sealed by an official with the authority to administer an oath or solemn declaration so that the validity of the letter will not be questioned. "
Having the letter notarized is recommended by the US Dept of State, but in the US a notary may only charge a fee of US$2 per signature for this service and licensed Notaries are widely available. We understand that this is a major hassle and expense for our Canadian site visitors, therefore we recommend that you consult with the nearest Canadian Embassy or consulate for suggestions on other acceptable forms of validation.
Good luck and please post any solutions you discover. thanks!
These rules are in place to help Immigration and Customs Border officers deal with issues of potential kidnapping. In our experience, unless your son is resisting you, it seems unlikely that you both would be stopped on your return flight. But -- if you can get a letter (even an un-notarized one, with a copy of your husband's flite itinerary), we would recommend it. Better safe than sorry on a vacation!
Safe trip-
It is illegal to cross U.S. state lines with a minor without custodial parents' consent, and the age of "minors" varies across the states. However, the families within this travel community have never complained about having a problem when inviting friends of their children along on a trip, for example, so we have little experience with this issue.
Therefore, this article is for travel outside the United States, where there are clear international laws in place to prevent international child abduction.
Within the US, temporary guardians should use the same permission to travel letter as well as medical treatment authorization letter noted at the end of the article, when possible.
Keep in mind that these laws are in place to allow authorities to investigate a traveling party if they notice suspicious activity (such as children who resist going with adults). Of course, the majority of travelers will never be stopped and questioned. For most of you, if the birth parents are easily available by phone, then making a daytrip should not be a problem.
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