K1 - Parental consent letter to bring child to USA

[Calamy 0]

Hi all! First I want to say congratulations on everyone finding their soul mate! Second, this process waiting sucks!! LOL

Now for my question, I am a CS and my Fiancee is the USC, I have an 11yr old son who I have sole custody of. His biological father hasn't been in contact with us for 6 - 7 yrs now. I was able to get a Canadian passport for my son without a letter of consent from his father. I also have seen a lawyer here in Canada about this who said there shouldn't be any problems, but still, this issue lingers with me. Has anyone here or does anyone know of anyone who has had this same problem? I did read on a post here that a petitioner did have an issue and in the end, needed to get this letter of consent from the biological parent.

Thanks in advance for everyone's support and help in this! More info and more friends are about the only way to get through this process sane!!!

[Sprailenes 47]

My son's father had nothing to do with him for years. Hadn't seen my son since he was 3. I have sole custody.

None of it matters. You need still need a letter from the biological parent.

I couldn't even get a hold of my ex for a letter, and for some odd reason three days before the interview I got a hold of his wife, and she got him to write and fax me a letter from him, which I thank them both for. Talk about timing. During the interview it was one thing the interviewer stopped talking to check on too. So I am so happy I had it.

Good luck!

Edited September 10, 2008 by Sprailenes

[Calamy 0]

My son's father had nothing to do with him for years. Hadn't seen my son since he was 3. I have sole custody.

None of it matters. You need still need a letter from the biological parent.

I couldn't even get a hold of my ex for a letter, and for some odd reason three days before the interview I got a hold of his wife, and she got him to write and fax me a letter from him, which I thank them both for. Talk about timing. During the interview it was one thing the interviewer stopped talking to check on too. So I am so happy I had it.

Good luck!

Hmmm thanks for replying about this. This whole topic on biological parents stumps me. I have just read on the Vancouver US Consulate that since I have sole custody, I do not need permission or written consent. I am however going to call them ahead of time to just make sure.

[trailmix 77]

This information might also help, from one of the members here in the Canada forum, BH45:

Taking My Daughter to USA

And her post after the interview:

Then, he says "Everything is in order. I just seem to be missing the permisson from the other parent."

I says, "Excuse me, I have sole custody. He has only seen her for 10 days in the last 2 1/2 years. It doesn't make any sense."

He replied, "Give me a minute". Away he went to consult with other officers. When he came back, he says, "We all think we should have that letter. It will protect us from a possible lawsuit and you as well."

I told him that it seemed totally useless to have sole custody if it isn't recognized. I basically said at that point it would be almost impossible if not impossible to get that letter and I may as well resign myself to remaining here. He claims to understand but continued to give me a letter indicating what is required.

I have one year to get the letter until our file will be closed. He informed me that should I get the letter all I have to do is send the letter and our passports to the office for approval.

MTL review - case pending

[Udella&Wiz 325]

I just moved last Nov (my interview in montreal was almost a yr ago!) Let me add my personal experience here too (pretty sure I responded to BH45 way back - maybe you can search for my post)

let me preface this by saying my daughter doesn't look a thing like me (I am white, she is mixed...so we're no stranger to being asked questions)

My daughter has not seen her father in 13 yrs (we have no idea where he is....) , I have sole custody and proof and the order states that the father has no access unless through me, but I was still worried so I went back to my lawyer and got an updated piece from the Ontario judge indicating that there had been no further contact with the father since the original custody order was filed (back in 2000). It was signed, sworn to and stamped etc etc......and it indicated that I still had sole parental rights.

Montreal never blinked an eye at that piece of paper, they read it, but were satisfied.

So.....moral of the story is be prepared as you can be...maybe you need a note or maybe you need to go back to lawyer ? better safe then sorry.

I can tell you that I haven't had a single problem crossing the border with this new custody order (they don't really ask for it anymore, she's almost 17)

Cheers

[WaitForever 0]

Mary has a son and recent court activity ruled that he was free to travel with her to California - does she still need a letter from his father, or is a certified copy of the court order enough?

[StaceyG 0]

I have a court order of divorce not only giving me sole custody but also stating that Im free to move my son to Indiana, and what visitation will be at that point.. I thought it would be enough but when I got nervous about it, I called around and found out that I still need a letter from his father closer to the date of leaving stating that I am still free to take him with me. My worry now is, just a regular letter signed by him enough or does it have to be a legal letter too?

[Sprailenes 47]

I am pretty sure a court order is the next best thing and if you have that you'll be okay.

[Ontarkie 14,221]

I had a court order stating that the kids where able to move to Arkansas, when the guy asked me for a letter from their father giving his consent, I just said I have a court order letting me take them he simply looked at it and their was no mention of anything else needed. They did take the copy for their records.

[Sprailenes 47]

I have a question....

What happens if you have custody and the other parent does not want to allow the child to move? Does this mean you have to go to court to settle? What happens? Has this ever happened to anyone here? Can the courts side with you and allow you to take the child?

That would suck if that happened.

[Mephys 2]

I have a question....

What happens if you have custody and the other parent does not want to allow the child to move? Does this mean you have to go to court to settle? What happens? Has this ever happened to anyone here? Can the courts side with you and allow you to take the child?

That would suck if that happened.

Unfortunately it happened to BH45

The father didn't want to sign the letter of consent and her daughter now lives with her sister back in Canada

[Sprailenes 47]

See, these men who just have next to nothing to do with their children hold so much power. It sucks! Couldn't she try to get a court order? I seriously would be soo pissed had my ex not signed a letter for me.

[Ontarkie 14,221]

I was headed to court cause my ex didn't want to sign a consent letter.

Its kinda like mediations now since Jan 2008 thats when the law change with custody and stuff, at least that what my lawyer told me. Anyways you need to to turn in alot of papers concerning your move if you have a Job lined up its a bonus the Judges like to see that. Again just stuff my lawyer told me.

You also dig up all the dirt you can on your ex everything from the last phone call/visit to what they do to support themself to in my case my ex did'nt once call the kids saw them only at christmas only cause his mom made him and we lived in the same town, no child support cause he makes less the 5k a year so even if i wanted too i could'nt go after him for it.

Anyways this all gets done up you put together 3 packages and one the court files after you serve the ex his copy so he can put in his say. They book a 2 dates to meet with the Judge, if the judge needs more time you go to the second meeting if not your done in one meeting.

I got lucky after my ex got served he called me to sign the consent, my lawyer wrote one up for me to have in case he would sign. I had it witness by 2 ppl then took it back to my lawyer who then that day had a judge sign off on it so I then got a court order. My laywer didn't trust my ex or the ppl at the border with just a consent letter.

Thats my experience anyways since you can't just make simple ammenments anymore from what i'm told anyways.

[gravitysapple 0]

I was headed to court cause my ex didn't want to sign a consent letter.

Its kinda like mediations now since Jan 2008 thats when the law change with custody and stuff, at least that what my lawyer told me. Anyways you need to to turn in alot of papers concerning your move if you have a Job lined up its a bonus the Judges like to see that. Again just stuff my lawyer told me.

You also dig up all the dirt you can on your ex everything from the last phone call/visit to what they do to support themself to in my case my ex did'nt once call the kids saw them only at christmas only cause his mom made him and we lived in the same town, no child support cause he makes less the 5k a year so even if i wanted too i could'nt go after him for it.

Anyways this all gets done up you put together 3 packages and one the court files after you serve the ex his copy so he can put in his say. They book a 2 dates to meet with the Judge, if the judge needs more time you go to the second meeting if not your done in one meeting.

I got lucky after my ex got served he called me to sign the consent, my lawyer wrote one up for me to have in case he would sign. I had it witness by 2 ppl then took it back to my lawyer who then that day had a judge sign off on it so I then got a court order. My laywer didn't trust my ex or the ppl at the border with just a consent letter.

Thats my experience anyways since you can't just make simple ammenments anymore from what i'm told anyways.

I think I joined a little to late. My fiancee has an ex that is not around and it looks like we need to get a consent letter. She is sending a certified letter to him that she is moving to his dad's place which is the last know address and another one to his dad. She has Final custody in the wording. I am the USC and have found out that is what sole custody but I could be wrong. Does anyone have the wording that is needed on the consent form? Kinda in a bad spot right now. Any help is greatly appreciated.

[♥Stiggy♥ 0]

This is something that scares me as well. I spoke to my ex-husband and he already stated he will allow for the kids to move down with me. BUT, he wants to make sure I have a good job lined up and a house (even though my new husband would have a decent job). I guess at this point I Just have to accept it so I can have my kids there with me a year or so later.

And it scares the ####### out of me if he gets a pickle up his ####### later on down the road and changes his mind.