travelling with a minor child

[rogerjac]

I have a minor child, born in DR and has Canadian passport. Been to canada many times before pandemic. Lived there for 3 years. I have custody from the mother but it did not go through the courts. Last year when we went to leave after 3 years we were told the rules have changed. If the child is in DR more than 6 months she needs new permission from the migration dept. so we lost that trip. This year we want to be ready. I asked the mom to get the authorization letter notarized so I can get the other stuff. She has been giving every excuse and putting it off. Finally I told her to to forget about it and that she didn't give a ----- about her daughter. So now Im asking what can I do. I read somewhere that there is a way to go around the mothers refusal but I can't find it. I tried accessing the government site but it was no help. The search on here goes back to before this new rule was put in place. At what age does this rule expire? What else can I do? Don't suggest a lawyer, I don't need that kind of advise.

 

[johne]

What else can I do? Don't suggest a lawyer, I don't need that kind of advise.

 

[johne]

So on a complex legal matter you would rather have the opinions of ex-pats that have enough problems trying to keep the lights and water on?
Strange.Are there not sites that seem to deal with matters such as you have? ie; forum boards that deal specifically with immigration, traveling with child w/without authorization letters, etc.

 

[Kricke87]

Strange that somebody said that the rules had changed, to my knowledge it's been the same for the past 10 years I've been traveling back and forth.
You either need to have the custody or at least a verdict that gives you the right to travel/live with the child outside of DR, or you have to have the other parent's written and notarized permission.
I've been traveling with my wife and her son for the past 10 years and that's always been the case.
In our case she's got the custody, so she's never needed the father's approval (Dominican man who moved to Germany and never been interested in his son at all).
But my brother-in-law is in a similar situation, except that his girls' mother just want them out her life. So whenever he wants to take them over to Denmark where he currently lives, she signs the papers without hesitation.
Sorry, at least I have never heard of any way you can go around that, and even less so now when handing over a small "gift" to the migration is out of the question.

 

[Drak]

I asked the mom to get the authorization letter notarized so I can get the other stuff. She has been giving every excuse and putting it off...

Not the same as your situation, but I have been through similar.

May I suggest something like:

1. Have the letter filled out using a template, including as much details as required or more. There are several sites that provide examples.
2. Have copies in English and Spanish of course.
3. Sign them and... PAY her the FEES to go to the Notary / Lawyer / etc., (or maybe you did that already?)

Either way, here are some links that may be of help:

1. Recent: https://dr1.com/news/2023/05/09/migration-changes-rules-for-child-travel-permit/
2. Old but read till the last post: https://dr1.com/forums/threads/lega...-country-with-dominican-canadian-child.78906/
3. Canadian Entry and Exit: https://travel.gc.ca/travelling/children/children-travel
4. Letter of Consent: https://travel.gc.ca/travelling/children/faq

 

[rogerjac]

Strange that somebody said that the rules had changed, to my knowledge it's been the same for the past 10 years I've been traveling back and forth.
You either need to have the custody or at least a verdict that gives you the right to travel/live with the child outside of DR, or you have to have the other parent's written and notarized permission.
I've been traveling with my wife and her son for the past 10 years and that's always been the case.
In our case she's got the custody, so she's never needed the father's approval (Dominican man who moved to Germany and never been interested in his son at all).
But my brother-in-law is in a similar situation, except that his girls' mother just want them out her life. So whenever he wants to take them over to Denmark where he currently lives, she signs the papers without hesitation.
Sorry, at least I have never heard of any way you can go around that, and even less so now when handing over a small "gift" to the migration is out of the question.

unfortunately the rules favor the mother. The mother can travel without the permission of the father. The rules changed in November of 2019.

 

[Kricke87]

unfortunately the rules favor the mother. The mother can travel without the permission of the father. The rules changed in November of 2019.

I don't know where you get that information from, but according to migración themselves it doesn't matter if it's the mother or father who is seeking the travel authorization, the same rules applies. If you don't have the consent from the other parent, the child cannot leave the country. If someone tells you differently, ask them to show you where those rules favor the mother.
As I mentioned, in my case, my wife can travel without the consent of the father, because she already has a verdict from "child court" that she is free to travel with him, something that we need to show every time we want to travel with her son. But without that, we would have to seek his father's consent, which in our case would be impossible as we don't even know if he's alive and if he is, where he is.

 

[Aguaita29]

unfortunately the rules favor the mother. The mother can travel without the permission of the father. The rules changed in November of 2019.

The mother can travel without the father's permission, without having to go to the court, either If the father isn't on the birth certificate, of if he's dead. There's a handout at the Migracion website with the requirements for multiple scenarios: https://migracion.gob.do/wp-content/uploads/2022/12/DOCUMENTO-ADJUNTO-1-PERMISO-SALIDA-MENORES.pdf You should call them!

My friend used to take her daughter out of the country without needing the father's consent, but he wasn't a part of the kid's life, and they didn't know his whereabouts. She first had to go to a fiscal for minors, then she had to go through the court to get fiscal's order validated.

You can also go to a fiscalia for minor related cases. They can summon the other parent for a meeting where you can discuss the issue. That is sometimes enough for people to reach an agreement.