Legal Question in Family Law in Arizona

I am married to an 18 year old and I am 21 we have been married one year. We are separated and living in two different states. I am from Canada and cannot work or drive legally. We have a 15 month old daughter who was born in Canada but is now a dual citizen [US Passport] who he refuses to pay child support for. I want to take her back to Canada, will this be a problem at the border due to the fact that we are married and his name is on her birth certificate? I have heard a notarized letter is required...is there any way around this?


Asked on 7/21/10, 5:15 am

1 Answer from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

It appears that yes, Canada will request a written document granting you permission.

Here is what I found:

Have the necessary ID for your children ready to present to customs officer.

Divorced parents who share custody of their children should carry copies of the legal custody documents.

The Canada Border Services Agency suggests identification such as an original birth certificate, baptismal certificate, passport, or immigration document. If none of these are available, get a letter stating that you are the children's parent or guardian from your doctor or lawyer, or from the hospital where the children were born.

Adults who are not parents or guardians should have written permission from the parents or guardians to supervise the children, including the name and contact information of the parent / guardian

Even if you are not divorced from the child's other parent, bring the other parent's written permission to take the child over the border. Include contact information so border guard can call the other parent if necessary.

Adults / Guardians should travel in the same vehicle as their children when arriving at the border.

Children old enough to speak for themselves may be encouraged to do so by the customs officer, so be prepared to let older children answer the officer's questions.

Read more
Answered on 7/23/10, 4:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona