My ex-wife holds the passport to our 11-year-old child and is refusing to hand it over. We used to have a 50-50 access, shared custody arrangement but that changed when she was charged with assault causing bodily harm against our child. Since then I've been granted temporary sole custody pending the outcome of her criminal trial. It has been a year since she was charged and still another six months until her criminal trial. My child wants to go on a trip, as do I, especially given the stress of the last year.
My ex is of the opinion that we should not be allowed to go on a trip.
She has supervised access and she does not regularly use it. In the last year she has gone periods of six months and then two months with no contact with her child at all. Us going on a one week vacation is not going to disrupt her current pattern of seeing her child.
I went to passport Canada and all they could tell me was that his passport was expiring at the end of November but until I had a "final" order for sole custody I would need the cooperation and signatures of my ex. I'm not sure I believe that as the person I spoke to didn't seem to know exactly what they were talking about.
My thoughts are that I should file a motion requesting that my ex agree to renew the passport and allow me to use it to travel.
My lawyer has advised me to book travel plans far in advance and then he will file a motion that he is confident we would win.
Anyone with knowledge of passport issues have any advice they can provide?
My ex is of the opinion that we should not be allowed to go on a trip.
She has supervised access and she does not regularly use it. In the last year she has gone periods of six months and then two months with no contact with her child at all. Us going on a one week vacation is not going to disrupt her current pattern of seeing her child.
I went to passport Canada and all they could tell me was that his passport was expiring at the end of November but until I had a "final" order for sole custody I would need the cooperation and signatures of my ex. I'm not sure I believe that as the person I spoke to didn't seem to know exactly what they were talking about.
My thoughts are that I should file a motion requesting that my ex agree to renew the passport and allow me to use it to travel.
My lawyer has advised me to book travel plans far in advance and then he will file a motion that he is confident we would win.
Anyone with knowledge of passport issues have any advice they can provide?
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