Legal Question in Family Law in California
Consent for child to travel over international waters
I am taking my 14 year old to the bahamas over christmas vacation. The cruise line says her real dad must sign a consent to travel form. Her real dad has had no contact with us for over 2 years. He will not return phone calls. Nor does he pay child support owed. I have been divorced for 14 years. He has never even kept her over night. I am waiting on a court date from DA office for him to show proof of income. But he does not respond to telephone calls or letters not even from the courts.. Help, I have already paid for cruise and airline tickets.
3 Answers from Attorneys
Re: Consent for child to travel over international waters
First and foremost, look to your judgment of dissolution. If you have sole legal and physical custody of the child then you do not need the father's consent. If not, it is not a difficult motion to file with the court for you to either seek sole legal and physical custody or obtain permission of the court for you and your child to travel.
In any event, any competent family law attorney will be able to assist you. So, don't panic - this can be resolved reasonably easily.
Regards, Damian Nolan.
Re: Consent for child to travel over international waters
If I understand your situation the vacation is to occur in December 2004. THis being the case you have adequate time to get a court order that you can take your child on the cruise. If necessary you can request a court order for service by mailing notice to his last known address. Because of his minimal contact with your daughter the court should order that you can take your daughter on the cruise. If he is hiding and is not cooperating then ask the court for an order that he pay your attorney fees.
Re: Consent for child to travel over international waters
In addition to what Mr. Johnson has said, check your papers to see if you have sole legal and physical custody of the child. If not make a request that you be given sole legal and physical custody in your motion papers. Good Luck, Pat McCrary