Reinstating Passport just on the basis motion to change is filed...

[minazar]

Is that possible? For the ex who is now out of country whose passport was suspended due to non payments of child support?

I'm sure there must be a way because I don't see any reason for him to file the motion to change because we were negotiating very amicably just before he left the country.

His passport was suspended after he left so now he can't return. Just filing a motion to change can reinstate his passport?

If yes, how?

[fatherles]

So if you file your motion to change will FRO stop their enforcement with your suspended passport

[minazar]

Rewording the question: if the ex filed for motion to change child support will that give him some way of getting the passport reinstated?

[fatherles]

I am not sure But if the payor get his drivers licence taken away he will have to bring a motion soon to prove to the FRO that there is motion so they will not take or issue a notice to take away their driver licence away

[minazar]

Yes, I'm aware of the refraining order that can be filed with FRO but that is for drivers license and that also prior to its suspension.

There may be a similar process for requesting reinstatement of the passport especially when the court date has been set. Is anyone aware of that?

[arabian]

Maintenance enforcement agencies are supposed to collect money owed to you. If you interfere in the collection process they have every right to drop your file.

FRO/MEP can suspend drivers license as well as passports. If there is a bona fide court date for him to attend, he would probably have to get a temporary stay from the court. HE can call his caseworker and ask for direction.

[minazar]

I'm not interfering in their collection process. I just wanted to understand the motive behind him filing the motion to change because as I explained earlier, I was willing to bring a motion to change child support mutually but then he just left the country.

Now that his passport is expired after he left he needs to find a way to come back without having to make ANY payments towards child support.

At this point, I don't care about anything anymore. Just live and let live. If he doesn't want to pay child support there's NOTHING that can make him.

I just want to figure out a path of least resistance...

[arabian]

He would have to settle his debt with the maintenance enforcement before they reinstate his passport (or make an arrangement to secure the debt with security) I would think.

One could speculate that he filed a motion to change due to a change of circumstances in an attempt to reduce or eliminate his arrears. If, for example, he was infirm or incarcerated while out of the country, his debt would not be erased but he might be extended a temporary stay on his passport so he can come back into the country to settle his affairs.

Incentive for him to see his children again ought to be motivation to settle his debts.

From the Ontario Ministry of Community and Social Services:

What do I do if my passport is suspended while I’m in another country?
Contact us to make payment arrangements. You can still make payments through telephone or Internet banking, or if necessary, by courier or international mail. If you are not planning to pay the total amount owing, we may also ask for financial documentation and wait for a payment to be received before allowing you to get a new passport.

If we agree with your payment plan, we will notify the Government of Canada that FRO no longer requests that your passport be suspended. This does not mean that your suspended passport will be valid. You must contact the Government of Canada to make sure you get a valid passport. You may also wish to contact the Canadian consulate in the country you are in, or, if there is none, the British consulate may be able to assist.

[minazar]

Very helpful information. Thank you so much.