Flying to the US with Italian son-without my husband on vacation- Consent needed?

Question

I'm a US citizen residing in Italy. I'm travelling to NY without my Italian husband . My son is 15 months old and he's got both passports (US-Italy). I've heard that I might need some police document to board on the plane giving me consent to fly out with my son. Any clues? If so what do I need to do or go for this?

Answer 1

Normally you need a notorized letter from the other parent granting permission for you to take your child with you.

Answer 2

I understand that you are a U.S. citizen and that your son is a U.S. citizen as a birth right. However, I would advise you to get a document saying that your husband gives you permission to take your son out of Italy. It should be notorized. The same rule applies for you taking him out of the U.S. even if he has 2 passports.

To avoid  of being accused of abduction..

U.S. law.

http://travel.state.gov/family/abduction...

The Importance of a Custody Decree

Under the laws of the United States and many foreign countries, if there is no decree of custody prior to an abduction, both parents may be considered to have equal legal custody of their child. IMPORTANT: Even if both parents have custody of a child, it is still a crime in most states and under U.S. federal law for one parent to remove the child from the United States against the other parent’s wishes. Nevertheless, a custody decree can be helpful to prevent or help in recovery if your child is abducted. If you are contemplating divorce or separation, or are divorced or separated, or even if you were never legally married to the other parent, ask your attorney, as soon as possible, if you should obtain a decree of sole custody or a decree that prohibits the travel of your child without your permission or that of the court.  If you have or would prefer to have a joint custody decree, you may want to make certain that it prohibits your child from traveling abroad without your permission or that of the court.

Read the link further for more information.



This is  another link to read...

http://hcch.e-vision.nl/index_en.php?act...

Italian Law. Read the entire link.

http://www.interpol.int/public/Children/...

Yes, I would get a document signed by your husband giving you the right to take your son out of Italy. You wouldn't want someone filing an abduction rit against you.  Leaving the U.S. on your return flight back to Italy , you will probably asked for some type of document giving you permission to take your son out of the U.S.

I believe this would apply no matter which passport your son travels under.

Check with the Guardia di Finanza for the document. Ask there first.

I hope to have been helpful.

Answer 3

It won't hurt to have a notarized statement, but it probably isn't necessary for entering & leaving the USA.  You need to check regarding leaving & returning to Italy - the US Embassy in Rome or nearest US consulate should be able to answer the question..

The USA does require that both parents authorize the issuance of a passport.

Note that the USA requires dual nationals (like your son) to enter the USA using their US passport.