Permission to travel abroad

[rockiestbottom]

Ok basic situation
Children born while married.
Both have PR
No court orders in place.
No in person contact for years with ex husband (his decision)

Children will turn 16 the year I am 40. Want to take them to New York. Both will be on an adult passport.

Do I need permission letter from exh?

Legally, yes, you need permission from him or a court order. Plenty of people will post saying they had no problems and it's your risk to take but I wouldn't want to arrive in the US only to be turned away.

The only time where you wouldn't need the other parents permission is if you have a Child Arrangements Order stating that the children live with you, then you can take them for 28 days.

Thankyou. I knew i needed permission under 16 but wasn't sure at 16. Do you know if it needs to be noterised?

Will they be 16 when you travel?

Without any sort of court order in place then the age is 16 so as long as they are that age they are fine. I can't promise you won't have any issues as in being questioned but from a legal standpoint you can't be charged with child abduction.

Yes 16 when we travel.

If they are 16 when you travel you no longer need the consent of the other parent. If either of them is under 16 you need consent from everyone with PR or an appropriate court order before taking that child out of the country otherwise you are committing the criminal offence of child abduction.

Without any sort of court order in place then the age is 16 so as long as they are that age they are fine. I can't promise you won't have any issues as in being questioned but from a legal standpoint you can't be charged with child abduction.

The age 16 rule applies to criminal liability, not necessarily civil.