This is the time of year that many New Englanders are getting ready to pack it all in and head south for a tropical vacation with their kids. But before you leave for the airport, there are some bases you need to cover - or you may find yourself never getting past the boarding gate. Most travelers know that new regulations have been put into effect requiring a passport or other approved identification for traveling outside of the country, but what many people don't realize is that they may need more legal documentation than their passport.

For instance, there was a woman at the airport with her two young children who was stopped at the gate as she was boarding a flight to Mexico. The woman's husband had traveled ahead of them on business and she and the kids were meeting up with him. Turns out that what she didn't know was that she needed a notarized consent form from her husband because he wasn't traveling with them. She could get on the plane, but her kids couldn't! The woman had to get hold of her husband, have him write up an authorization, have it notarized, and then fax it to her so the family could fly to meet him. By the time all that was accomplished, the family vacation was ruined. Some Caribbean islands like the Dominican Republic won't let kids even set foot on the island without written permission from both parents!

Recently, a Massachusetts man filed suit against Continental Airlines claiming the airline violated Mexican Law and their own policies by letting his ex-wife take their 3-year old daughter to Mexico without proof of legal custody or his consent. In order to get on the plane, the ex-wife should have had to provide documentation proving she was the sole legal guardian of the child - which she isn't - or produce a notarized consent form signed by the father stating he gave permission for the child to leave the country. She didn't have either, but she and child still got on that plane to Mexico. The Dad hasn't seen his daughter since she left nearly a year ago.

Remember, that while some countries legally allow you to enter with only a birth certificate, the United States requires you to prove both your U.S. citizenship and your identity when you return. And the rules with regards to children are a moving target. Even if you are traveling within the U.S., some airlines are demanding documentation before they'll let your child on board. You really need to check with your airline and your travel agent well in advance of your departure date - just to be sure you know what it takes to get past the boarding gate!

Something else you must keep in mind when traveling is that even in Mexico and most Caribbean Islands, American law doesn't apply. The local law of the specific country applies and for Americans who end up in trouble the judicial system couldn't be more foreign. Many countries presume you are guilty until proven innocent! For example, in Mexico not paying your hotel bill in full is considered fraud - and under the local laws someone accused of this "crime" can be arrested and sentenced to jail! Do your research before you go so you know what you can and can't do once you are there!

If you find yourself in legal trouble in a foreign country, immediately ask the authorities to notify a consular office at the nearest U.S. embassy or consulate. U.S. consuls can't give you legal advice but they can advise you of your rights under the country's laws and hook you up with an attorney. They can also notify your relatives if you want them too and arrange for the transfer of money to you if you get robbed or hurt. If you find yourself in a difficult situation of any kind - get in touch with them right away! Chances are you will never need a consulate, but it's good to know they are there if you do. And chances are, if you do your homework before you leave for vacation, you'll get off just fine and have a great time while you are away. Just remember to pack the sunscreen and watch out for those drinks with the little umbrellas… they can be so good they probably should be illegal!

Copyright 2007 - Law Office of Gina M. Ghioldi, P.C.

In accordance with rules established by the Supreme Judicial Court of Massachusetts, this web site must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances.The attorneys affiliated with the Law Office of Gina M. Ghioldi, P.C. are licensed to practice in Massachusetts. The availability of this site to residents of any other state or country is not intended as a solicitation of clients in those states or countries. Neither the receipt nor the distribution of materials, including the use of private electronic mail, constitutes the formation of an attorney-client relationship. An attorney-client relationship with The Law Office of Gina M. Ghioldi, P.C. or any of the attorneys affiliated with the firm will be formed only upon the execution and delivery of a retainer or contingency fee agreement and the satisfaction of the conditions contained therein. Materials distributed shall not, in any event, be deemed confidential or privileged. We cannot guarantee that all inquiries will get a response, and we cannot guarantee the accuracy of posted information, especially as to each individual situation. All responses in by e-mail are only for the education of the recipient as to the types of issues specifically relevant to their inquiry, and are not legal advice and should not be relied upon by the recipient.