one parent traveling with child

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Re: one parent traveling with child

Post by dean on Mon Oct 20, 2014 10:46 am

Yesterday, my son was not allowed to board a plane by immigration and so missed his flight.    He and his father were held up at the Cabo airport.  My son is a US citizen and permanent resident of Mexico.  The official informed his dad that the "rules had changed," for traveling minors, but couldn't tell him how they had changed.    The attending immigration supervisor refused to come to the immigration office.  Finally, the official handed his dad a form to fill out in triplicate (he needed to provide photocopies) and told him needed copies of birth certificates for both my son and himself.  So, my son missed the plane.  American Airlines, did, however, rebook him for today. AA has been terrific rescheduling this flight post hurricane twice and was equally great in this situation.   Luckily, I was holding a copy of all birth certificates in my records here in US and could scan them to them.  We had to book a hotel with a business center to do the print outs and copies in San Jose.  Post hurricane, the immigration office in the aiport has no computer nor copier.  We still don't know what the new rules are.  However, if you are one parent traveling with a minor or have a minor traveling unaccompanied with any kind of residency status in Mexico, I suggest a Mex lawyer or immigration consultant to help decode the new rules before travel.



I don't think there is a new rule, but perhaps just better enforcement of existing rules.  There is minor trafficking treaty that Mexico is apart of that requires additional paperwork for kids crossing international borders with only one parent.  I've been crossing the border with my kids since 2007 often without my wife and maybe 25% of the time I'm asked to provide a notarized letter from my wife, kids berth cert, and their moms passport saying that I have permission to take them out of the Country.  In 2008 I had a dad and son traveling with me and they were not allowed to legally exit Mexico as part of my boat crew with this paperwork.  So we were delayed in checking out of Mexico while we rounded up the paperwork...which gave me Kore taco time so I didn't really mind.  But the application of these rules is not equal and seems to be something most travelers with kids traveling without the other parent don't know about and no one really talks about.




My understanding is that the document requirements only apply to Mexican Nationals.  That is, if you are a gringo(Non Mexican national) you do not have the requirement when traveling with your child and do not have both parents.  There is no special rules for non Mexicans and you can travel  freely.

  The law was changed in January 2014 taking way the  requirement from gringos and tightening up the requirements of Mexican children  traveling with one parent.  That said even gringos should still get a  signed ,notarized document giving permission for the one parent to travel with  his/her son.  We know that sometimes the word of changes in the law can  move slowly here and everywhere.  There is also anecdotal reports of  the US trying to enforce also a non existent law requiring permission from both  parents to return from Mexico.  I had researched this when my  granddaughter and her mom came to
visit from the US a few months back.   That is all my recollection from my

research.



I don't think the rules have changed. I drove my granddaughter to La Paz this summer from USA.  We had to get notorized  permission letter with her dad, mother and My name on it withe my passport # because she was traveling with me.  When my daughter traveled here with the kids without the dad, she also had to get the same notorized permission letter.  This was years ago.  My granddaughter was allowed to fly unaccompanied back to USA. She is 14.  No problems at all.  I was even allowed to go with her right to the gate to see her onto the plane.  This was in  Cabo.  You just need to plan ahead with the forms.  They are available on line.


Here is info on the subject.
http://mexico.usembassy.gov/eng/eacs_public_announcement/travel-of-minors2.h
tml
 

http://gomexico.about.com/od/entryrequirements/f/kids_entry.htm


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Re: one parent traveling with child

Post by dean on Wed Dec 04, 2013 8:48 am

http://yucalandia.com/2013/12/03/new-inm-rules-for-minor-children-traveling-without-a-parent-or-guardian/


New INM Rules for Minor Children Traveling without a Parent or Guardian
Posted on December 3, 2013by yucalandia
Dec. 3, 2013 
There are yet new updates from INM on people leaving Mexico with children. This report comes from Lic. Spencer McMullen, a fine attorney in Jalisco, who specializes in legal issues affecting expats. You can contact Lic. McMullen atChapala Law.
On 12/03/2013 Lic. McMullen reports:
“Today Mexico published in the DOF new rules for minors leaving Mexico who are unaccompanied or with an adult who is  not their parent or guardian.   The new rules take effect in 30 days (Jan. 2, 2014).
The new rules describe an official permission form (for taking children out of Mexico) which would need to be notarized, apostilled or legalized and translated (if not in Spanish).  The form is to be published within 30 days.   Curiously the new law doesn’t mention visitantes, perhaps exempting tourists from this requirement as it only lists Mexicans andresidente temporales and residente permanentes who need to have the permission letter. “
For bus and airline travel, the checking/verification of traveling children is up to the “transport companies”. The new rules describe “fines of up to 10,000 time minimum salaries to transport companies who don’t check that the minors have the letter. “
The official DOF language states children traveling with one parent or one guardian do not need permission. “Que viajen en compañía de alguna de las personas que ejercen sobre ellos la patria potestad o la tutela, cumpliendo con los requisitos de la legislación civil

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one parent traveling with child

Post by dean on Sun Dec 02, 2012 11:38 pm

There are new rules for the letter giving permission to bring a child into Mexico without both parents.

http://yucalandia.com/2012/12/02/new-documentation-rules-for-bringing-children-into-mexico/
There are new rules for the letter giving permission to bring a child into Mexico without both parents.
“Entering Mexico with Children
Both the US Customs and Border Patrol (CBP) and the Canadian government advise bringing a notarized letter from a parent who is not traveling with the children. The letter should certify that the children have their parent(s) permission to travel with the other parent. https://help.cbp.gov/…w/parental%20consent.

The Mexican Consulate in Calgary, Canada now describes that this consent letter must be translated into Spanish and Notarized. For Canadians the document must also be “Legalized” to be accepted by Mexico: “If the document is issued in Canada it must be notarized, legalized by the Mexican Consulate or Embassy in Canada, and translated into Spanish.” http://consulmex.sre.gob.mx/calgary/index.php/inicio

The SRE Website for Canada describes the Legalization process as: http://embamex.sre.gob.mx/canada_eng/index.php?option=com_content&view=article&id=1255&Itemid=41
Legalization of Foreign Documents (for Canada)
Consular legalization is performed on foreign public documents that must be valid for legal purposes in Mexico. Legalization may be provided to the signature and/or stamps contained in public documents. It is an act of certification through which the consular official certifies that the signature or seal is from a government office or official, or from a notary located within the consular jurisdiction. ... “

US citizen-children traveling without both parents must only have a translated notarized permission letter. We describe the basic elements needed in the letter in the link listed above.
Happy Trails,
steve


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Re: one parent traveling with child

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