If I am the custodial parent, do I have to get father's permission to take son to Canada?

Question

If I am the custodial parent, do I have to get my son's father's permission to take him to Canada?

Answer 1

If you have shared custody, you would need the father's agreement to take your son out of the country. If you want to move to Canada, even if the father has only visiting rights, he could move the court to block the move on the grounds that you are abrogating his visitation rights.

If you only want to take him for a vacation, why would the father not agree other than to make you unhappy?

Check your custody orders for anything that would rule in this situation.  The answer may every well be there.

Answer 2

If you have sole custody you are fine. If you have joint custody with primary care and control to you, yes you do. You can apply to the courts to dispense with this requirement and get it written in an order, but that is costly, time consuming and not many Judges will do it without a darn good reason.

EDIT: I've read your additional details, and yes, you need his WRITTEN permission. If he is willing to get it, draft a simple letter that reads similar to this:

"I ___  (name and address) the father of ___(name and birthdate) hereby consent to ____( your name and address) the mother of ____ to take ____ on a trip to ___ Canada. I understand they are to leave on ____ and return on____. If there are any causes for concern I can be reached at ___(addy and phone info)"

The consent should be witnessed by a Notary Public who will charge maybe 20$ to do so.

They may not stop you at the border, but they likely will and wouldn't you hate to get that far to not get through?

You should also make sure you have a copy of the order that sets out that you have custody.

Answer 3

yes you do and he also needs a passport...

Answer 4

The answer is not in a general law.  it is in your divorce decree or your custody order.  There is no general law that governs the subject.  However, it is common for a decree to provide that before moving out of state (thus interfering with visitation), the parent must either get the consent of the non-custodial parent or of the court.  If you cannot get consent of the other parent, you can get it from the court if you can show a plan that will still allow for adequate visitation.

Answer 5

Hi my son has also went through this when he was five I was going to take him to florida when I asked the courts if I could take him they said that I could only if I got his father to sign for it.

Answer 6

Only if you share joint custody. If you have full custody then no.

Answer 7

I am pretty sure you do if he has any rights to your son at all (even supervised visitation).  if he has absolutely no rights what so ever, then I don't think so.  But it's best to check with the courts on that.  

Answer 8

    Are you talking permanently or just for a visit?  If you have sole custody, you do not need his permission, but you do need to have the child back in time for his court ordered visitation.  Ideally, you would discuss this with the father as a matter of courtesy, regardless of whether you need his permission or not.  Acting like an adult and being courteous is always the best move.

Answer 9

For a vacation no, to live, yes!

Answer 10

If you have joint custody you do.  

Answer 11

If you have joint custody then yes because it would violate the custody laws of your country that way (America) and could get you in a legal row however if its not joint custody then you could take your son around the world and it wouldn't matter.

Craig.

Answer 12

Depends on your decree. Is this a short trip or are you moving? If your moving many states have laws stateing you have to get permission. If its just a vacation then no you dont unless your decree says so, as far as leaving the country.

I dont know your relationship with the father is but I would think as a simple courtesy or respect that this would be a conversation you would have with him telling him whats going on.

Answer 13

if you aren't from canada, i believe you do