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  #1  
Old 01-20-2020, 01:02 PM
undersc0re undersc0re is offline
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Default Application for passport and travel permission

I have primary care and control with shared custody of child since she was 5 now she is 12 years old, she has almost no contact with her mother unfortunately, I am planning a trip in 1 year to somewhere in Mexico for one week and need to apply for a passport and receive permission from her to travel without a chance that I may be stopped from leaving the country at boarding time.
The problem is she is refusing to sign the passport application and playing the delay game already, is there an easier way around this issue before travel time gets closer?
I am unsure of her exact address and she never showed up in court for previous issues...I have her email address and texting address, she will not sign the emailed application and the email it back....such a simple task.

Would like to ensure a passport with permission to travel in about a year, but need to make flight plans and pay for them ahead of time of course.
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Old 01-20-2020, 02:40 PM
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Janus Janus is offline
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You can definitely get an order from the court dispensing with her consent for passports. Might want to also get an order that also allows you to travel without her consent. Probably want to start that process sooner rather than later.
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Old 01-20-2020, 04:55 PM
dad2bandm dad2bandm is offline
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I agree with Janus here.


If the ex is not co-operating on this issue, your only reliable option, is to get an order from court, that says you're allowed to obtain child a passport, without her permission, and allowed to travel out of the country with child, without her consent, for the reasons you already specified.


Did the ex give a reason why she is not consenting?
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Old 01-20-2020, 05:30 PM
standing on the sidelines standing on the sidelines is offline
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thankfully you are getting on this instead of buying tickets and waiting till the last minute. I have seen that on this forum more than once.

I agree with janus, best to get it all settled one time instead of going through this every passport renewal time and travel time.
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Old 01-20-2020, 05:35 PM
undersc0re undersc0re is offline
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Quote:
Originally Posted by dad2bandm View Post
I agree with Janus here.


If the ex is not co-operating on this issue, your only reliable option, is to get an order from court, that says you're allowed to obtain child a passport, without her permission, and allowed to travel out of the country with child, without her consent, for the reasons you already specified.


Did the ex give a reason why she is not consenting?
No reason.
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Old 01-20-2020, 07:37 PM
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CoolGuy41 CoolGuy41 is offline
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Quote:
Originally Posted by standing on the sidelines View Post
thankfully you are getting on this instead of buying tickets and waiting till the last minute.
I have researched this issue. What puzzles me is that a BC lawyer recommends doing just that:

Quote:
Apply through what is called a Notice of Motion to obtain court permission to travel with your children. You must prove to the court the following:
1) That you have travel plans for specified dates you can prove this by showing the court that you have purchased air or travel tickets for specified dates, the location of vacation and who will accompany you.
2) That you will return the children to BC once the travel period is over.
3) That you are not a flight risk or have any intentions or suspicion of fleeing the province; and
4) Your spouses lack of consent or refusal to allow for travel is unnecessary and unreasonable.
In undersc0re's case, due to the specifics, I think he has a good chance of getting what he wants through the courts but I'd be interested in hearing if anyone else has attempted to get passports and non-consensual travel consent prior purchasing tickets.
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Old 01-27-2020, 04:07 PM
undersc0re undersc0re is offline
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Well, I need to get the passport as well as permission to travel, why would I prepare for my vacation such as buying flight passes, time off from work, and getting updated shots without assurance I am able to have that order from the court or else permission from the ex...I have tried one more time to ask her and I even sent the forms to her....no response....delay tactic now without a response to show the judge...I am sure her response does not matter as when I showed the response of how much she made annually for him from her texts, he paused for a few minutes and imputed her half the income of what she said she made in 3 diff texts, as a male I assume I will have to go a little more above and beyond a woman to get this order...I have dealt with all these 60+ year old judges that seem to think I am not telling the whole truth or something....only luck I have had through the years is when I had a female judge prob in her forties or early fifties...maybe I will get her this time.
On that note, anyone have tips on making sure it is a one time appearance and anything I should have with me to help, I am sure this requires taking up court time and that a letter request to a judge or similar would not work if there is such thing.

If I miss work for one appearance in court it is thousand to 1500 dollars minimum and unfortunately the ex knows this. Just the way my employment works it is like missing 4 days usually.
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Old 01-28-2020, 08:59 AM
Berner_Faith Berner_Faith is offline
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If youre making $1000 a day Im sure you can afford to miss a day or two in order to get what you need. Id start with a motion for her to either sign the applications or an order stating you dont need her consent for passports. Most likely once shes served for this she will sign, but if it goes to court youll get the documents signed one way or another.

If you know where and when your trip would be you could add that into your motion but have as many details as you possibly can in the absence of travel tickets


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Old 01-28-2020, 11:12 AM
undersc0re undersc0re is offline
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Quote:
Originally Posted by Berner_Faith View Post
If youre making $1000 a day Im sure you can afford to miss a day or two in order to get what you need. Id start with a motion for her to either sign the applications or an order stating you dont need her consent for passports. Most likely once shes served for this she will sign, but if it goes to court youll get the documents signed one way or another.

If you know where and when your trip would be you could add that into your motion but have as many details as you possibly can in the absence of travel tickets


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Ok, I will give that a shot. I wish I was making $1000 7 days a week, or even 5. I highly doubt she will show up in court, she still has to give her financial information in order to update child support as per court order over 2 years ago and has not showed up for court dates ever. I probably should have pushed for everything including this in an undefended sole divorce proceeding, but I am sure that is not easy. Anyhow I will take these suggestions and do my best! Thankfully the judges in family court are a little relaxed and make court orders for you as well when you are not represented...saves a little money...maybe.
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Old 02-04-2020, 01:00 PM
undersc0re undersc0re is offline
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Quote:
Originally Posted by Berner_Faith View Post
If youre making $1000 a day Im sure you can afford to miss a day or two in order to get what you need. Id start with a motion for her to either sign the applications or an order stating you dont need her consent for passports. Most likely once shes served for this she will sign, but if it goes to court youll get the documents signed one way or another.

If you know where and when your trip would be you could add that into your motion but have as many details as you possibly can in the absence of travel tickets


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She wont show in court, and even if the judge makes an order for her to sign them she wont, she still has not complied with the last order when she was a no show.
I have asked nicely so far many times, thinking eventual persistence was going to pay off, it has not. I am wondering, if I am wasting my time can or should I include full custody as well as an order for what Janus said,
You can definitely get an order from the court dispensing with her consent for passports. Might want to also get an order that also allows you to travel without her consent. Probably want to start that process sooner rather than later.

What exactly should I ask for in terms of full custody so that I can make any and all decisions now that the mother is not really involved at all. Or is this custody issue something I should just steer clear of. I know family court is pretty laid back and simple motions get okd if they are kept simple that day, would asking for full custody make it this a big issue? I have no lawyer and will not get one until the time comes for a final separation agreement/divorce.

The grandmother has an access order for once a month visit for 6 hrs, I will plan the trip for times that do not interfere with that even though there has been zero contact/visits with her for over a year. I know as soon as the grandmother catches wind that she can make my life difficult she will show up for a visit during the trip if it is during her time on the order...assuming the worst.

I am sure keeping my motion simple is probably best but just checking...also does the judge actually look back through the previous motions, or notes he made on the file...just wondering if he will already know the ex is usually a no show etc....or if the judge is going to assume I am a control freak right off the bat...
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