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  • Access and travel consent

    Hello all:

    I have been absent from the group for a while now. I am happy to say that things are going really well with new wife and there have been no issues between her and my son.

    My ex-wife or my son's bio-mom stopped exercising her access rights back in 2010, soon after the spousal support was terminated. Since then there has been very little contact between the mother and son. I dropped him at her place just a couple of times on my own but that didn't go very well at all. A few times he called her over the phone but again no change in her behaviour. She tries to manipulate him every chance she gets and at this point our son is old enough to judge for himself. He is 13 now.

    Aside from old history, the mom does not pay any child support. She ignores my requests to provide the tax returns. I am okay without any money, after all, its her choice not to be part of anything to do with our son.

    There is one thing that is really starting to upset our son. She won't give him permission to travel anywhere. I think I can't even apply for his passport without her signatures. There has been few times we wanted to travel to Calgary, Regina and to USA to visit friends and relatives but we couldn't due to lack of travel consent from her.

    I spoke to the lawyer. She suggests bringing a motion to vary to court order to remove/change the access and to remove the mobility restriction clause. I am double minded. After all, she is the mother. But then what else can I do?

    At what age can the child travel on his own?

    If I file for variation of the order, can our son be a party to the file through OCL?

    What advice can you give me based on your experiences?

    Thank you in advance.

  • #2
    The passport office just needs to see a clause that explicitly dispenses with the need for the mother's signature. It doesn't need to need to be something that deals with mobility in general.

    Similarly, for consent letters, you could add a clause that explicitly dispenses with the need for her consent for all travel (regardless of duration or destination, or maybe limited to 1 month duration). Again, this doesn't mean that you need to have absolute mobility rights i.e. the right to move across the country.

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    • #3
      You don't need her consent for travel inside Canada. As long as it is not interfering with her parenting time.

      For cross border, you need her consent, or an order dispensing with it until the kid is 18? I think.

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      • #4
        Can't a child apply for their own passport at age 16?

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        • #5
          I have a signed agreement saying I have sole custody. I was able to get both my kids passports without his signature. They did call him to make sure he knew about the parenting agreement and that I was applying for the passports, but I didn't need his signature.
          Good luck!

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          • #6
            You'll note the fact they DID CONTACT him though. Had he indicated he did not know, nor consent to the passports, your application would have been refused.

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