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  • 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.

  • #2
    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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    • #3
      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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      • #4
        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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        • #5
          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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          • #6
            Yes-they should be going back and forth with the child

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            • #7
              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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              • #8
                Legal-shmegal. What does it matter. Focus on the easiest way to get the passport renewed.

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                • #9
                  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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                  • #10
                    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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                    • #11
                      Originally posted by Pharah View Post
                      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.
                      The documentation you are refering to is government property. You are the "custodian" but, your rights as a custodian (read the fine print on them) can be stripped by the government and the court.

                      If the other parent doesn't return the documents then you can contempt them if you so want to drive up the conflict.

                      Anticipation of what the other party is going to do only causes unnecessary stress and conflict. Just provide the documents, sign what is needed and get the task done. If the other party doesn't comply with the order then you have grounds to do something about it. Until then, you are just making things worse.

                      Good Luck!
                      Tayken

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                      • #12
                        Yes Tayken you are right...but they are not his property to withhold for no reason other than the fact he is being difficult and suspects she will lose them.

                        Does a notarized copy not cost money? If so, he should be responsible for that charge seeing as he is unwilling to give her the documents she needs.

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                        • #13
                          I'd say if you have a government issued copies, then it is easy to get a copy of them certified via a notary public at the court house or your either of your lawyers. If it is a certified copy from an original then I wouldn't give her them either since if they are lost as well then either of you would have to reapply for a replacement. Your ex does need to be more accomodating with regard to your concern (just as long as your not being malicious). I'd give her her options in writing as how you'd like to handle it, and let her decide which route she wants to choose which would then put the onus on her. It's a control issue.

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                          • #14
                            I'm also pretty sure that you are only allowed one original of each piece of identification. You can only apply for another one if you have lost the first one. So your ex could not apply for her own set for your child as you already have them and they are not lost.

                            It sucks when you can't trust your ex, but these documents really do need to go back and forth with the child or be able to be provided as needed for purposes such as this one.

                            If you feel it is necessary, maybe you can have an amendment to your agreement that your passport paragraph should apply to all identification type documents. That way, if she doesn't return them, the fault is clearly hers for not complying with your order, and the onus is on her to pay to replace anything lost while in her possession.

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                            • #15
                              You can have multiple copies of birth certificates, for example long form and short form but generally you are correct. For Health and Citizenship card and the like, you are only allowed a single copy.

                              As always, thank you for your input and being my center of reason.

                              Pharah.

                              Comment

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