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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 06-03-2010, 09:22 AM
Pharah Pharah is offline
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Question Court Order to hand over passport 10 days before travel.

Last Month, the court gave me an order to travel with my son. The Judge added that my ex had to hand over my son's passport not later then 10 days before travel. I have provided my ex with the Itinerary, hotel and phone numbers in case of emergency however she has made no effort to provide the passport other then stating that she still has not gone and picked it up.

The deadline set by the court (10 days before travel) expires on Monday. If she does not provide the passport, what would be my next step?
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Old 06-03-2010, 10:57 AM
dinkyface dinkyface is offline
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Emergency court order!

She is also providing you with a notarized letter consenting to your travel right? You will need to show this to the border/customs agents. See here for more info and a sample consent letter: Children and Travel
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Old 06-03-2010, 01:56 PM
leafsrule leafsrule is offline
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Is she represented by anyone (lawyer, legal rep etc.)? If so, go through them for this. She'll most likely be hit with a double-whammy (the lawyer will convince them to hand over the passport and charge them for doing so).
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Old 06-03-2010, 03:58 PM
Pharah Pharah is offline
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dinkyface: We have the court order grant us the right to travel with my son without her consent.

leafsrule: She is not represented by counsel.

The question I need answered is what I do if she doesn't hand over the passport on the due date. Do I have to file a motion with the court stating that she is violated the court order or put in an application for an emergency passport (which I will than request costs for)?
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Old 06-03-2010, 07:34 PM
leafsrule leafsrule is offline
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I'd do the emergency passport first and if it can be done, then file a motion in court for this (plus costs involved).

You should see if this can be done (the passport) and then call her bluff on it. Tell her because of her lack of actions in giving you the passport, you have to go this route and that you are going to file with the court for a motion + costs involved. See what she does... either way, you'll either get the passport back or you'll get it reimbursed in court.
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