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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-20-2017, 05:04 PM
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Default Noncustodial parent withholding passport

My ex-wife holds the passport to our 11-year-old child and is refusing to hand it over. We used to have a 50-50 access, shared custody arrangement but that changed when she was charged with assault causing bodily harm against our child. Since then I've been granted temporary sole custody pending the outcome of her criminal trial. It has been a year since she was charged and still another six months until her criminal trial. My child wants to go on a trip, as do I, especially given the stress of the last year.

My ex is of the opinion that we should not be allowed to go on a trip.

She has supervised access and she does not regularly use it. In the last year she has gone periods of six months and then two months with no contact with her child at all. Us going on a one week vacation is not going to disrupt her current pattern of seeing her child.

I went to passport Canada and all they could tell me was that his passport was expiring at the end of November but until I had a "final" order for sole custody I would need the cooperation and signatures of my ex. I'm not sure I believe that as the person I spoke to didn't seem to know exactly what they were talking about.

My thoughts are that I should file a motion requesting that my ex agree to renew the passport and allow me to use it to travel.

My lawyer has advised me to book travel plans far in advance and then he will file a motion that he is confident we would win.

Anyone with knowledge of passport issues have any advice they can provide?
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Old 10-20-2017, 05:16 PM
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I had a similar situation in which i needed a signature to apply for a passport that was refused by the non custodial parent. It went to trial and it was ordered that the other parent had until x to sign the passport application and letter of consent, and if this was not done then the other parent's consent would not be needed to get the passport. in the end it was signed so i didnt have to produce this order for the passport office. in your case it is a bit different because there already is a passport and i dont think you can get a new passport without surrendering the old one, so I am not sure what would happen if the parent refused to hand it over in spite of an order to do so. maybe you could get an order to cancel the exsisting passport and reapply wihtout the other parents consent if the parent does not hand it over within a certain amount of time?
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Old 10-20-2017, 05:22 PM
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Quote:
Originally Posted by denbigh View Post
I had a similar situation in which i needed a signature to apply for a passport that was refused by the non custodial parent. It went to trial and it was ordered that the other parent had until x to sign the passport application and letter of consent, and if this was not done then the other parent's consent would not be needed to get the passport. in the end it was signed so i didnt have to produce this order for the passport office. in your case it is a bit different because there already is a passport and i dont think you can get a new passport without surrendering the old one, so I am not sure what would happen if the parent refused to hand it over in spite of an order to do so. maybe you could get an order to cancel the exsisting passport and reapply wihtout the other parents consent if the parent does not hand it over within a certain amount of time?
The passport is coming up for renewal soon so I think bringing a motion might work. I'll bring the renewal paperwork with me so that it can be signed on the spot if the judge orders my ex to sign it. I can't think of an easy way out of this one aside from a motion. Thanks for your reply.
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Old 10-21-2017, 02:05 AM
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Passport office is filled with bunch of family court think they know it alls, who happened to ask for every single temp/final order ever made. They even ask you for your sperm before handing you over a passport. Jokes aside, send her passport information and ask that she sign and send back to you, if she doesn't get back to you by say a weeks time, then attach email/letter to affidavit and file motion that you be able to get passport without her consent.

Mention history.. i.e., you have interim custody.. she has supervised.. and is not cooperating.. give judge your travel itinerary, and share them with your ex before hand.
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