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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 09-15-2016, 10:49 AM
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Default Passport and international travel rights

What does it take to obtain an order for OP to obtain a passport and an order for international travel rights?

Is it as simple as just asking for it? What could OP possibly respond back with?

Should this be asked from OP directly before bringing up the issue in court?
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Old 09-15-2016, 02:01 PM
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We strongly recommend that Canadian children carry a consent letter if they are travelling abroad alone, with only one parent/guardian, with friends or relatives or with a group. For the purposes of this consent letter, a Canadian child is defined as anyone who is under the age of majority (18 or 19, depending on the province or territory of residence).
https://travel.gc.ca/travelling/children/consent-letter
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Old 09-15-2016, 03:08 PM
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We recommend that you talk to a lawyer about the legal issues that apply to you and your children’s unique situation
How do you physically get the child's passport? My assumption is that you have to ask for an order from the court that the custodial parent let you have the passport during holiday season, or to apply for a passport to begin with, and authorize travel outside of Canada.

All of this given that OP will say No, No, and No.
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Old 09-15-2016, 03:52 PM
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Most final orders have a clause that says the passports will be provided upon request.
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Old 09-16-2016, 11:07 AM
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If this travel is within your normal vacation allotment, then you just need a clause in your agreement to indicate that
- for international travel and domestic air travel, other parent will provide notarized consent letter and passport at least 10d before the trip
-consent not to be unreasonably withheld
- what travel details are required, beyond basic contact info
- how much notice is required
- who normally holds the passport,
- a valid passport is to be maintained at all times

You might also consider adding something to permit usage of a Nexus pass
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Old 09-16-2016, 11:19 AM
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You might also want to include a line similar to "neither party will prevent the other from opportunities for the children when they arise" or something like that.
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Old 10-31-2016, 03:56 PM
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Wink Travel Consent going unanswered by other parent

My fiancée is having one heck of a hard time trying to get in contact with her ex husband so that she can get permanent ability to have her daughter travel with us.
Her ex-husband has not been in contact with them for four years now. Three attempts have been made through letters done up by a lawyer and all have been unanswered.

What steps can be taken now? Will this result in a court summoning for both of them to appear together?

Pls advise.

Thanks,

Filthy1
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Old 10-31-2016, 08:01 PM
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What does it say in the divorce order? If you are going away during your fiancee' parenting time, then having the divorce order in hand will help avoid any drama if asked by border immigration

Quote:
Originally Posted by filthy1 View Post
My fiancée is having one heck of a hard time trying to get in contact with her ex husband so that she can get permanent ability to have her daughter travel with us.
Her ex-husband has not been in contact with them for four years now. Three attempts have been made through letters done up by a lawyer and all have been unanswered.

What steps can be taken now? Will this result in a court summoning for both of them to appear together?

Pls advise.

Thanks,

Filthy1
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Old 10-31-2016, 10:01 PM
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File a motion, attempt every possible way to locate and serve him, document all of it. Present info to the judge and ask for an ex parte order, sole custody, his consent not required and potential termination of parental rights if necessary.
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Old 11-01-2016, 09:57 AM
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Quote:
Originally Posted by blinkandimgone View Post
File a motion, attempt every possible way to locate and serve him, document all of it. Present info to the judge and ask for an ex parte order, sole custody, his consent not required and potential termination of parental rights if necessary.
Prior to doing this... Make an offer to settle, fill out the passport forms, sign them and attach them to the offer to settle. Outline the dates you want to travel and to where. Also provide every detail about where you will be staying in the offer to settle.

If the other parent has a lawyer they will compell them to be reasonable. If they are not and you do have to go on motion. Then you will get your costs.
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