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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 02-14-2012, 10:54 AM
Pharah Pharah is offline
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Default Child's Identification

We have joint custody with shared access and a court order re-enforcing that. In the order, it states that my son will have a valid Canadian Passport and it's the responsibility of my ex to renew it. That passport expired on January 29, 2012 and has been invalid for travel since July.

My ex does not have copies for my son's birth certificate and as I don't trust that these documents will be returned, so I have asked to accompany her to the passport office to complete the application process.

She is refusing to allow me to come with her and demanding my copies of his identification. Is she entitled to my copes or does she need to request her own?

As a side note, the birth certificate was ordered to complete his UK citizenship application and I have had to replace his health card twice as it was misplaced while in her possession.

Thanks in advance for your help.
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Old 02-14-2012, 11:33 AM
Berner_Faith Berner_Faith is offline
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Give her the documents... believe it or not, those are not your possessions, they are the child's... if it is her responsibility to get a new passport, she needs the documentation. Would it be okay for the ex not to give you his passport when you needed it because she fears you may lose it?

You are creating unnecessary conflict in this situation.
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Old 02-14-2012, 11:35 AM
Pharah Pharah is offline
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The passport has a provision in the order. She is not able to withhold it so that is not a good example. I have a need for the documents hence the reason I ordered them. She has the ability to do the same. I don't feel it necessary to hand them over as I have provided an option.
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Old 02-14-2012, 11:38 AM
Berner_Faith Berner_Faith is offline
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But your not understanding that those are NOT your property...they belong to the CHILD and SHOULD go where the child is. You are being unreasonable because you are fearing she won't return them. The length or time it is going to take her to get the required documentation really isn't worth it. Stop being stubborn and let her do what she has to do, because right now you are stopping her from following the court order.

It makes no sense why you want to withhold your child's documentation when she is trying to get a passport for the child.
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Old 02-14-2012, 11:43 AM
Pharah Pharah is offline
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I understand that the documents belong to my son but as stated the documents have a purpose and need to be sent with my son's other application. I had to apply for them, so should she.

I am no stopping her from following the court order. I have offered to go with her to complete the application process.

It take 2-3 weeks to get a copy, not months. All I want to know is if she is legally entitled to the copies I have in my possession.
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Old 02-14-2012, 11:44 AM
Berner_Faith Berner_Faith is offline
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Yes-they should be going back and forth with the child
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Old 02-14-2012, 12:03 PM
Pharah Pharah is offline
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I am not sure that is a legal requirement. His health card had been sent back and forth but his other documentation have not. If this is a legal requirement, could you please refer me to where this is documented. Thanks.
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Old 02-14-2012, 12:06 PM
dinkyface dinkyface is offline
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Legal-shmegal. What does it matter. Focus on the easiest way to get the passport renewed.
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Old 02-14-2012, 12:08 PM
Berner_Faith Berner_Faith is offline
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Dinkyface...that has been my point all along...why make such a big deal out of NOTHING! Your ex could simply not get the passport until you give her the docs...try to take her to court and see what the Judge says when you say, "but she can get hr own documents, these ones are mine"...seriously man... stop being stubborn and creating conflict.
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Old 02-14-2012, 12:10 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Berner_Faith View Post
Give her the documents... believe it or not, those are not your possessions, they are the child's... if it is her responsibility to get a new passport, she needs the documentation. Would it be okay for the ex not to give you his passport when you needed it because she fears you may lose it?

You are creating unnecessary conflict in this situation.
Actually, the passport, birth certificates, and all government identification is the property of the government.

You can provide a notarized copy for the passport too. Just get a notarized copy they will accept it I think. Double check this before doing it though with the passport office.

Good Luck!
Tayken
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