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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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  #11  
Old 03-22-2015, 08:42 PM
dad2bandm dad2bandm is offline
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Why not just give him copy of Passport? What can one possibly do with a photocopy of Passport?

Why is the father not listed on the birth certificate?
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  #12  
Old 03-22-2015, 09:41 PM
WorkingMom2007 WorkingMom2007 is offline
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As he was openly claiming not to be the father, I chose to not acknowledge him as I am allowed under law. A blood test proved paternity.

The concern is that he can get a passport by claiming to have lost it and providing it. He has no ties to Canada. No steady job or assets.
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  #13  
Old 03-22-2015, 10:59 PM
Dadx5 Dadx5 is offline
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That is false he can not just get one based on a claim to have lost it. There are many things you have to do to get a passport. There is nothing that he can do with a photocopy.

You are asking to take child on his time.

His asking to change the minutes are over reaching and not reasonable.

Giving him the copy of passport is not that big of a deal.

You would not be able to do a motion without notice I believe as he has a right to go to court and say his side of things.

Once a blood test proved paternity you should change the birth certificate. I was able to take my ex to court and the judge gave her a hard time and made her sign the form right there in the court room regarding the birth certificate.
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  #14  
Old 03-23-2015, 06:56 AM
Serene Serene is offline
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A travel consent letter typically includes the child's passport number etc. Give a copy to dad.
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  #15  
Old 03-23-2015, 09:16 AM
WorkingMom2007 WorkingMom2007 is offline
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Quote:
Originally Posted by Dadx5 View Post
That is false he can not just get one based on a claim to have lost it. There are many things you have to do to get a passport. There is nothing that he can do with a photocopy.

You are asking to take child on his time.

His asking to change the minutes are over reaching and not reasonable.

Giving him the copy of passport is not that big of a deal.

You would not be able to do a motion without notice I believe as he has a right to go to court and say his side of things.

Once a blood test proved paternity you should change the birth certificate. I was able to take my ex to court and the judge gave her a hard time and made her sign the form right there in the court room regarding the birth certificate.
The judge gave him the option of requesting the birth certificate to have it changed 7 years ago, and not one peep from him since then. That's how much he cares about that issue. You're a better father than him.

I have no choice but to take the child on his time as he managed to get an order without notice to me that gave him access every weekend. The OCL recommendation changes that, and my minutes of settlement completely reflects that. He doesn't want to go to court to resolve the access visit issue, because it gives him leverage over my movement.

Having said that, he is given rescheduled time over following weeks. I have no issue with the copy of the passport. I want to know legal ramifications. This man has put me and my family through a lot, including alleging abuse the last time when I wanted to travel with my son in Ontario to visit family. Proper notice was given, and reschedule time offered.

Needless to say that it's a volatile situation.
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  #16  
Old 03-23-2015, 09:43 AM
Links17 Links17 is offline
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What are the changes he is requesting out of curiousity?
Give him the passport copy that is stupid.
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  #17  
Old 03-23-2015, 10:23 AM
WorkingMom2007 WorkingMom2007 is offline
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Quote:
Originally Posted by Links17 View Post
What are the changes he is requesting out of curiousity?
Give him the passport copy that is stupid.
I personally believe that he is asking out of curiosity and mistrust. He is, however, not giving me the time to talk to my lawyer (red flag #1), and has indicated that he will not consent unless other conditions are met that have to deal with Minutes of Settlement (red flag #2).
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  #18  
Old 03-23-2015, 12:28 PM
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blinkandimgone blinkandimgone is offline
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Travel consent is unrelated to the minutes of settlement and not to be used as leverage, go ahead and provide him with the copy of the passport.

Consider letting him know that you have followed the requirements for the consent letter amd it needs to be signed ASAP, otherwise you will be forced to seek a motion to exclude his consent as he is unreasonably withholding consent and as such you will be seeking costs for the.motion.
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  #19  
Old 03-23-2015, 01:18 PM
WorkingMom2007 WorkingMom2007 is offline
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Quote:
Originally Posted by blinkandimgone View Post
Travel consent is unrelated to the minutes of settlement and not to be used as leverage, go ahead and provide him with the copy of the passport.

Consider letting him know that you have followed the requirements for the consent letter amd it needs to be signed ASAP, otherwise you will be forced to seek a motion to exclude his consent as he is unreasonably withholding consent and as such you will be seeking costs for the.motion.
Thank you for all the advise. My lawyer did manage to reach me to advise to advise against providing him a copy. We will be seeking a motion should he not sign ASAP.
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  #20  
Old 03-23-2015, 01:27 PM
Links17 Links17 is offline
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Your lawyer advised against giving him a copy of the passport?
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