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  • Travel Consent

    I filed my Motion to change on August 3rd and got my ex's response in early September for my travel consent.

    I have asked the court for the following

    An order dispensing with the need for the Applicant/Father to obtain consent of the Respondent/Mother to remove the children, XXXXXXXXXXX, born XXXXXXXXXXXXXXX XX, XXXX and XXXXXXXXXXXXX, born XXXXXXXXX XX, XXXX, from the province of Ontario for Travel purposes;

    In the alternative, an Order permitting the Applicant/Father to travel to Florida as well as a 7 day Caribbean cruise with the children, XXXXXXXXXXXX, born XXXXXXXX XXXX, XXXX and XXXXXXXXXXXXXXXXXXX, born XXXXXXXXX XXXX, XXXX departing after school XXXXXXX, 2016 and returning XXXXXXXXXX, 2016;

    An Order requiring Respondent/Mother to provide passport(s) to Applicant/Father for the purpose of travelling outside of Ontario

    Costs on a substantial indemnity basis; and

    Such other relief and further relief as counsel may advise and his Honourable Justice deems just


    Here response was a 15B and all it says is she disagrees with items 9 and 10 (My order requests). There was no affidavit, reasoning or other information provided. What is the DRO going to do with this? Will they care?

    We have our case conference scheduled for Oct 6th and I'm working on my Case Conference Brief. I'm guessing my case conference brief should be similar to my affidavit?

    One issue has come up since I completed my affidavit. She had asked me for my son's passport to travel to that states for a day trip and I gave it to her. She is now refusing to return it even though our court order specifically states that I am to hold onto my son's passport and she is to hold onto my daughters passport. She is holding onto it claiming we are going to court so I don't need it. However it expires in Jan and we are travelling in January so I need to renew it. Our court order specifically states that I'm the one who is to renew his passport. So she is clearly in contempt on this matter. Should I submit an updated affidavit or just put this in my case conference brief.

    Thanks

    FB

  • #2
    Is her signature needed? If not, just report it as lost and get another. Afaik there is no renewal, just a new application.

    Comment


    • #3
      Another Q: did she ask for a consent letter for her day trip to the states? If she actually was going then she 'should' have (though likely she wouldn't have had a problem without one, and may have seen no risk/need).

      Sorry - not answering your questions. I'd quess as this is a fact you are testifying to it would belong in an affidavit. But careful of overdramatizing - just state what you know has happened without trying to jump inside her head and assign motives.

      Comment


      • #4
        I think... if your passport is going to expire within a certain time period you can't travel.

        "Your passport may have to be valid for up to six months after the date you enter the country you will be visiting. Check the passport validity requirements."

        So you should be renewing it anyway.

        eta: I seem to remember that you may have to return the old passport with the renewal application.
        Last edited by paris; 09-15-2015, 07:19 PM. Reason: More info

        Comment


        • #5
          Originally posted by dinkyface View Post
          Is her signature needed? If not, just report it as lost and get another. Afaik there is no renewal, just a new application.

          Yes it is.


          Sent from my iPhone using Tapatalk

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          • #6
            Originally posted by paris View Post
            I think... if your passport is going to expire within a certain time period you can't travel.

            "Your passport may have to be valid for up to six months after the date you enter the country you will be visiting. Check the passport validity requirements."

            So you should be renewing it anyway.

            eta: I seem to remember that you may have to return the old passport with the renewal application.

            That's exactly why I need it back and she doesn't want to give it to me. I went and got Nexus cards for me for my kids so I would never have trouble at the border as we were both required to sign stating there were no travel restrictions. This is great but for the trip I'm taking them on (pending court) I need the passport.

            Yes it need to be valid for beyond my travel dates.

            We had agreed I would renew it after the summer. She's now refusing.


            Sent from my iPhone using Tapatalk

            Comment


            • #7
              Originally posted by dinkyface View Post
              Another Q: did she ask for a consent letter for her day trip to the states? If she actually was going then she 'should' have (though likely she wouldn't have had a problem without one, and may have seen no risk/need).

              Sorry - not answering your questions. I'd quess as this is a fact you are testifying to it would belong in an affidavit. But careful of overdramatizing - just state what you know has happened without trying to jump inside her head and assign motives.

              She did not ask for a consent letter but she never did end up taking them.


              Sent from my iPhone using Tapatalk

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              • #8
                Served her with my case conference brief and confirmed with the court. I had added some stuff about the passport in my CC brief and she decided to return it to me. So now I can proceed with renewing it.

                I'm curious if she will bother with a CC brief at all.

                Anyway case conference is still Oct 6th.

                I have to make final payment on Nov 1st and this is also the last day we can cancel without penalty.

                Any idea how a DRO would push this forward if it's not resolved at CC. I'm guessing a motion. Could something like this go to a trial?

                Comment


                • #9
                  Originally posted by FB_ View Post
                  Served her with my case conference brief and confirmed with the court. I had added some stuff about the passport in my CC brief and she decided to return it to me. So now I can proceed with renewing it.

                  I'm curious if she will bother with a CC brief at all.

                  Anyway case conference is still Oct 6th.

                  I have to make final payment on Nov 1st and this is also the last day we can cancel without penalty.

                  Any idea how a DRO would push this forward if it's not resolved at CC. I'm guessing a motion. Could something like this go to a trial?
                  OMG I'm jealous! You filed your motion to change in Aug and have a case conference for Oct??? I filed April 1st and my case conference was Aug 31. Now I have permission to move ahead with my motion but they're scheduling for January right now. Insane.

                  Comment


                  • #10
                    Originally posted by HappyMomma View Post
                    OMG I'm jealous! You filed your motion to change in Aug and have a case conference for Oct??? I filed April 1st and my case conference was Aug 31. Now I have permission to move ahead with my motion but they're scheduling for January right now. Insane.
                    I'm also jealous!! I filed my motion to change in Aug, and have CC scheduled for Dec... how are these things prioritized??

                    In any event I'm happy for the OP... getting away from it all and travelling with the kids is the best tonic out there for these toxic situations.

                    Comment


                    • #11
                      For travel just to the States from Canada your passport just has to the current until the day you return to Canada.

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                      • #12
                        It's for a 7 day cruise. I have nexus for my kids to go to the states that way I don't even need to worry about the passports wrt my ex.


                        Sent from my iPhone using Tapatalk

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                        • #13
                          It states that my ex must serve and file her case conference brief 4 days before court.

                          Is it business days or just days?

                          Court is on Tuesday and I haven't received anything yet. Although based on her application response she won't file anything.

                          Comment


                          • #14
                            Originally posted by FB_ View Post
                            It's for a 7 day cruise. I have nexus for my kids to go to the states that way I don't even need to worry about the passports wrt my ex.


                            Sent from my iPhone using Tapatalk
                            I'm planning on getting Nexus cards for my kids as well. A lot easier than having to swap passports each time.

                            Comment


                            • #15
                              Just an FYI you and your ex will need to sign a document that there are no travel restrictions. Or provide a court order that states just that.


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