Often we are asked by separated or divorced parents, who are vacationing with their children overseas under the terms of their temporary orders or final judgments, whether a parental consent form or permission letter signed by the non-traveling parent is required. Although the United States does not formally require this documentation, we recommend that the traveling parent obtain such a signed and notarized consent form from the non-traveling parent, and that the agreements we draft contain a provision that obligates the non-traveling parent to provide such a consent form upon request from the traveling parent.
Picture this: it is a Tuesday morning, at 8:30 a.m., and you arrive at the Probate and Family Court with your attorney to appear for a scheduled hearing on a contested motion that you filed. Once you wait on a long line to get through the metal detectors, you enter the hallway outside the courtroom and your attorney checks the motion calendar list for the Judge assigned to your case. You first learn that your case has been referred to the Probation Department on a different floor of the courthouse for mediation, and your journey through motion practice in the Probate and Family Court begins.