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 at Chapala 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 and residente 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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© Steven M. Fry
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