EX'S HAS LEGAL CUSTODY CAN I STILL CROSS THE BORDER??

[JERRY///PA]

I'M GOING TO BE CROSSING OVER THE QUEBEC BORDER THIS SPRING WITH MY 3 BOYS AND THERE MOTHER WAS GRANTED THE CARE ,CUSTODY AND CONTROL OF THE MINOR CHILDREN THATS HOW IT READS IN MY COURT DECREED..SO AS A FATHER THAT GOT SCREWED IF I MAY ADD THAT...I DO GET MY KIDS FOR 6 WEEKS STARTING THE DAY AFTER SCHOOL ..THEY LIVE IN NEBRASKA AND GET OUT MAY 23RD..SO WHAT I WOULD LIKE TO KNOW IS I DO HAVE A COURT DATE MARCH 4 AND THERE NOTHING IN THE DECREED SAYING ANYTHING ABOUT TAKING THEM OUT OF THE U.S.A. SHOULD I GET THIS PUT IN BEFORE MY TRIP AND IF I DON'T WILL I GET TURNED AROUND OR HELD UP OR MAYBE JUST LOCKED UP TILL THEY FIGURE IT OUT??? BEEN OVER THE BORDER A FEW TIMES JUST NEVER WITH THE BOYS..PLUS I LIVE IN PA AND THEY LIVE IN NEBRASKA AND IF THERES ONE THING I HAVE LEARNED IS NOT ALL STATES HONOR OTHER STATES DECREED ..ALSO SHOULD I BRING THERE BIRTH CERFTICATES WITH US?? THANKS TO ALL THAT HELPED.......JERRY

[chadk66]

I live an hour south of the canadian border and my father in-law takes my kids to canada frequently. He has been denied access to canada with the kids, but they made a phone call to us and talked to us and we approved the trip so they let him go through. They informed him that in the future he needed to bring a copy of the birth certificates and a note from us if possible. However, it is a small crossing and they may be a little more relaxed about things here. It's possible out east they may be a little tougher on you, especially after 9/11. I think I would definately have a court document that says that you can take them to canada, because if they start checking you out and find out that she has custody, they will get a little suspicious, and sometimes that's all it takes. Post 9/11, I'd have all my i's dotted and t's crossed.

[Backwater Eddy]

Be sure to get permission in writing from her and the court to leave the state, and the country.

They must be dated within 30 days of the travel time with all the other birth records in your possession.

The permission release must also state where your going and how long you will be there as well as date of return.

It is a big hassle, but a must do deal.

><,SUMO,>

Backwater Eddy.....><,,>

[Walizz 1]

I would also suggest that the letter from your ex be notorized.

[JERRY//PA]

THANKS FOR ALL YOUR HELP...I WILL MAKE IT A POINT TO GET ALL THIS DONE BEFORE MAY.. JERRY

[Walteye]

Definetely bring a copy of the kids birth certificates, and an authorization letter from their mother. I have been fishing northern Ontario with my son for the past 4 years, and I am also divorced with joint physical custody of my son(in other words, 1/2 and 1/2). The last time I crossed the border at Niagara Falls, they wanted to see the birth certificate and wanted to know if my son's mother knew that he was going into Canada. If my son was a wise #####,and made some sort of joke, the joke would have been on him, as they did not seem too keen on letting us cross. This summer we are going again, and we are taking my nephew from Florida with us, along with my Crestliner, and I will be sure to have all the bells and whistles necessary to cross.By the way, I am from PA too.
Good Luck
Walteye

[JERRY//PA]

MUST BE NICE TO HAVE JOINT CUSTODY..THERE NOT GOING TO BE YOUNG FOREVER...THANKS FOR THE HEADS UP.....BY ANY CHANCES DO YOU FISH THE SUSQUEHANNA FOR EYE'S??THANSK AGIAN WALTEYE............JERRY

[JasonMN]

Jerry,

As others have mentioned, yes have their original birth certificates and other legal documentation along. However, don't even bring up marital status or custody status, unless necessary. Just have your photo ID and their birth certificates ready to hand to them when you pull up and hopefully none of the other stuff will even come up. :)

[sdwalleye]

If you have a court date scheduled for march, TALK to your attorney about this in advance for his advice first. I would recommend bringing this issue up in court and getting the courts permission and the divorce decree worded to specifically allow you to take your kids out of their home state for any reason. I don't know how amicable your split was with your ex or how charitable she is with your visitation but I do know that we deal with these issues everyday and they get very tricky and involved. Especially when they involve other states and jurisdications, not to even mention a foreign country. Believe me it can get messy. If your ex gets heart burn or nervous for any reason and decides to make an official report that you have taken the kids out of state/country without her/courts permission and you get hung up at the Canadian border or anywhere, you will have your hands full. Some seem to think that because they are divorced, the kids don't belong to the other half anymore and do everything they can to make their life/visitation difficult. Just make sure you talk to an attorney and get courts permission if your attorney deems it advisable.

[jerry/pa]

thanks for all the input on this matter...i can take the kids anywhere in the u.s...as long as it my 6weeks or my so-called time???!!!but i never took them out of the country, but i will be crossing my t's and dotting my i's when the time comes......thanks again....jerry

[Walteye]

JasonMN,
I don't have a big "D" on my forehead or told the powers that be that I was divorced, it was just a question that they asked of us, if my son's mother knew where I was taking him. I guess that some fathers and/or kidnappers happen to use that crossing to get away in Canada. It never hurts to have too much info with you, and they even asked my son for ID!!! At 12 years old!!! Of course, he doesn't have any, but I always have pictures with me, of us together, plus pictures in my wallet of my son. There have also been years in the past where the border guards have not even acknowledged my son in the passenger seat,not only at Niagara Falls, but when crossing further east to fish the Bay of Quinte, Ontario. It all depends on the person at the crossing, and you never can know what kind of questions from what kind of person who woke up on the wrong side of the bed you may have to encounter.
Better safe than making a "U" turn!!
Walteye