Father has visitation rights (split & merged)

[Jam Boa 3]

Hi Charles_n_Grace, I'm just curious how your travel consent worked out? So was it correct that you did not need to get a travel consent from the biological since she has a solo parent ID? We also have a k2 and we are not sure if we need a travel consent from the biological father. My fiancee was granted custody of the child and the father has visitation rights. Any advise on this matter would be greatly appreciated. 

[Jam Boa 3]

@ Hank_ our k2 is 8 yrs old. My fiancee's previous marriage was annulled and the court granted her PERMANENT custody (not Sole custody) and the father has visitation rights. We already have the child's passport and my fiancee has a Solo parent ID from DSWD (we don't know how that ID is gonna help us, but she got one just in case). My question is do we need a letter of consent from her ex? Her ex is giving her a hard time and will not consent to having the child leave the country. Here's what we have read so far.

 

https://help.cbp.gov/app/answers/detail/a_id/3643/kw/1254/related/1/session/L2F2LzEvc25vLzEvdGltZS8xNTUxMzcxMzg5L3NpZC9CNGx3ZHg4bw%3D%3D

 

 

[payxibka 10,044]

16 minutes ago, Jam Boa said:

@ Hank_ our k2 is 8 yrs old. My fiancee's previous marriage was annulled and the court granted her PERMANENT custody (not Sole custody) and the father has visitation rights. We already have the child's passport and my fiancee has a Solo parent ID from DSWD (we don't know how that ID is gonna help us, but she got one just in case). My question is do we need a letter of consent from her ex? Her ex is giving her a hard time and will not consent to having the child leave the country. Here's what we have read so far.

 

https://help.cbp.gov/app/answers/detail/a_id/3643/kw/1254/related/1/session/L2F2LzEvc25vLzEvdGltZS8xNTUxMzcxMzg5L3NpZC9CNGx3ZHg4bw%3D%3D

 

 

Referencing the CBP website for a non USA situation (leaving the Philippines) isn't going to help.  

[Jam Boa 3]

@ payxibka oh. sorry, we found this from other threads. we thought this is for people entering the U.S.  So we assumed, that since my fiancee (solo parent) will be entering the U.S with her son, then CBP would require them to present a consent form from the father. Correct me if i'm wrong and i really appreciate your help .

[payxibka 10,044]

 

 

5 minutes ago, Jam Boa said:

@ payxibka oh. sorry, we found this from other threads. we thought this is for people entering the U.S.  So we assumed, that since my fiancee (solo parent) will be entering the U.S with her son, then CBP would require them to present a consent form from the father. Correct me if i'm wrong and i really appreciate your help .

The Embassy will NOT issue a K2 visa if there is an impediment to the child emigrating.  The Embassy does NOT require such a letter because it is NOT an impediment in the Philippines like it is for other countries.  If by some off chance that the CBP would ask, then all she would need is to produce the court granted PERMANENT custody document.

 

A read of the link:

Adults traveling with children should also be aware that, while the U.S. does not require this documentation, other countries may have a requirement and failure to produce notarized permission letters and/or birth certificates could result in travelers being refused entry (Canada has very strict requirements in this regard).

[Jam Boa 3]

@ payxibka That's what we have always thought. The Philippine court has granted her permanent custody, so we never thought that we would need such letter. It only made us think twice when she stumbled upon some threads about consent letters from the other parent. 

 

If you don't mind me asking, did you experience this yourself? or do you know anyone who had the same situation (annulled marriage and permanent custody granted to fiancee) and was able to get through the port of entry without having to show a letter of consent from the other parent?

[payxibka 10,044]

13 minutes ago, Jam Boa said:

@ payxibka That's what we have always thought. The Philippine court has granted her permanent custody, so we never thought that we would need such letter. It only made us think twice when she stumbled upon some threads about consent letters from the other parent. 

 

If you don't mind me asking, did you experience this yourself? or do you know anyone who had the same situation (annulled marriage and permanent custody granted to fiancee) and was able to get through the port of entry without having to show a letter of consent from the other parent?

Port of entry is not going to be a problem.   In a previous life when we entered the USA with a child it wasn't even asked.   However,  we did have to provide it to the embassy and departure control upon leaving but different country than Philippines.  That's why I say this is sorted out by the embassy prior to even issuing a Visa and the CBP understands that 

Edited February 28, 2019 by payxibka

[Ontarkie 13,915]

~~Question split off from 2 yr old thread and moved to the PI regional forum. Parental consent is country specific.~~

[Hank_ 9,173]

4 hours ago, Jam Boa said:

@ Hank_ our k2 is 8 yrs old. My fiancee's previous marriage was annulled and the court granted her PERMANENT custody (not Sole custody) and the father has visitation rights. We already have the child's passport and my fiancee has a Solo parent ID from DSWD (we don't know how that ID is gonna help us, but she got one just in case). My question is do we need a letter of consent from her ex? Her ex is giving her a hard time and will not consent to having the child leave the country. Here's what we have read so far.

 

https://help.cbp.gov/app/answers/detail/a_id/3643/kw/1254/related/1/session/L2F2LzEvc25vLzEvdGltZS8xNTUxMzcxMzg5L3NpZC9CNGx3ZHg4bw%3D%3D

 

 

 

Seems like you got this sorted out ...    My thinking is your shouldn't have any issues.

[Ontarkie 13,915]

~~Make that two hijack posts split and merged along with replies, while a 3rd hijack post removed. Do Not post your questions in multiple threads it is considered spamming. Please start your own thread next time for questions regarding your own case. Posting them in other members threads cause confusion to the thread.~~