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  • Other parent wont sign passport application

    Looking for some advice on how to deal with this.

    I have this in my current court order. I am the applicant.

    The Applicant shall keep the child’s Passport in odd numbered years and the Respondent in even numbered years. Both parties shall sign the child’s passport application form when it is time to renew it or to replace it if it is lost, stolen or damaged and equally share the expense(unless a party is responsible for losing or damaging it).


    And

    Any documents required for travel shall not be unreasonably withheld.


    And


    Either party proposing international travel involving the child shall provide the other party with full particulars at least 30 days prior to the intended travel, including the exact itinerary, destinations, and accommodations, methods of communication and proof of out of Province health care coverage for the child.
    Now I have already sent the filed out application form to the other parent and have asked for half the expense. Their response was they need time and don't have the funds to do so(which was weird as I tried to have the share the expense part removed before we signed, but the other parent insisted on having it there). Since I believe it was just a stall tactic about the financials, I said they could pay me($36.50, lol) whenever and to just return the application with the Other Parent part signed.


    Since then, I have now received the application, however it was not signed and just returned to me as it was sent.



    How would I go about dealing with this as the other parent is highly unreasonable and if she wont even sign for our child's passport, how will she be when it comes time for consent to travel.


    I have intended to travel to Disney World in late July but need to set up proper methods to do so asap. I was thinking about asking for consent to a theme park just across the boarder and to make a day trip out of it, or even just plan a day trip with an activity in the near future to "test the waters".

    All travel will be on my access time, as I could never expect the other parent to be reasonable.

    Should I be asking to have consent for travel to be removed?.


    Thanks everyone in advance!

  • #2
    I forgot to mention that when I sent the application, I stated to have it returned by xx or I would pursue further action. The date has not been meet yet but the other parent has acknowledged receiving it and I have had to returned to me not signed.

    I still have time before my given deadline to send it again and have it returned, however I feel it will just be returned not signed again.

    Comment


    • #3
      Have you said anything about it not being signed? Do you do exchanges of child in person? Can you say its not signed and you require the signature by this Friday and will have it for her signature when you exchange kid on x date?


      Sent from my iPhone using Tapatalk

      Comment


      • #4
        Originally posted by rockscan View Post
        Have you said anything about it not being signed? Do you do exchanges of child in person? Can you say its not signed and you require the signature by this Friday and will have it for her signature when you exchange kid on x date?
        That is great advice! I was considering sending it back via registered mail, but thought it just may not get returned to me this time or come back unsigned.

        I have not mentioned to her that it was not signed yet, as I just got it back yesterday.

        We do some of our exchanges in person and some at school. The deadline I have already set is at our next exchange, so this will work great. I won't cause a scene in front of D6, so if she doesn't sign I will just accept that she would like me to move the matter forward.

        Comment


        • #5
          If you have to move the matter forward, it may look better that you attempted to do this in a reasonable manner and accommodating the ex. She would be hard pressed to explain to a judge why she wasnt willing to take five mins to fill in the forms.


          Sent from my iPhone using Tapatalk

          Comment


          • #6
            Originally posted by SteelCityDad View Post
            ...
            I have not mentioned to her that it was not signed yet, as I just got it back yesterday.

            We do some of our exchanges in person and some at school. The deadline I have already set is at our next exchange, so this will work great. I won't cause a scene in front of D6, so if she doesn't sign I will just accept that she would like me to move the matter forward.
            For stuff like this, if you're going to follow-up "in person", I like to also send an email (or some written request) with the same info/request, at the same time, so that later on, one doesn't claim "this never came up in person". "Well, I also sent an email about this as well."

            And if the other party is going to cause issues with such a simple request, sometimes they may respond to the email with nonsense refusal to sign/accomodate your request, which may help you solve it down the road (in case you actually have to go to court, or something).

            But yes, make sure to mention to her, that it didn't get signed, and you still need it signed.

            Comment


            • #7
              So far the first request I have made for her to sign, she said that she would need longer then a month to pay half the expense($36.50) as it would be to hard for her to come up with the money and she won't sign until then. I then stated she could take as long as she wanted to pay and received it back unsigned days later.

              Our next exchange I brought it with me for her to sign and she refused and said she needed her legal aid lawyer to go over it with her. She did not sign and I left it at that and sent a follow up email.

              At the deadline I had set, we had another exchange. Prior to the exchange I sent an email and she said she would sign it no problem if the guarantor part was signed( I thought this was not supposed to be completed until everything else was signed and completed). I had this completed and brought it for her to sign. Again she just refused to even look at it and said she wont sign until the court sends her a copy of our court order.

              At a loss here and not making any progress. I have sent via registered mail my itinerary for a short trip across the boarder and suspect she would like to delay this too if she can.

              Going to send a follow up with all the dates, excuses she has giving, me trying to accommodate her requests, and the new excuses she makes after I filed her requests. Maybe then she will realize once it is put in front of her in a organized matter.
              Last edited by SteelCityDad; 03-26-2017, 09:36 PM. Reason: Forgot some info

              Comment


              • #8
                Just wrap it up and send it to the Legal Aid Lawyer and make them do their job!

                Comment


                • #9
                  Originally posted by Tayken View Post
                  Just wrap it up and send it to the Legal Aid Lawyer and make them do their job!
                  What exactly do you mean by this? Send the lawyer the application to be signed?

                  As far as I know I cannot talk to her lawyer if I am represented by counsel. Also in over a year of litigation her lawyer has not once responded to a letter my lawyer has sent.

                  May just be throwing it into a black hole if I don't approach it right.

                  Comment


                  • #10
                    Originally posted by SteelCityDad View Post
                    What exactly do you mean by this? Send the lawyer the application to be signed?
                    Have your lawyer send the application, along with the order, and ask them to get their clients consent by a specific date that is reasonable. If they don't respond with the consent by the date stated you will bring a motion and seek costs to be either payable by their client, the lawyer or legal aid ontario.

                    Originally posted by SteelCityDad View Post
                    As far as I know I cannot talk to her lawyer if I am represented by counsel. Also in over a year of litigation her lawyer has not once responded to a letter my lawyer has sent.
                    If you send a letter, with the attached documentation that simply requires the other parent to sign with an attached Notice of Motion to seek it the day after you kindly ask them to provide the consent by it will show you are totally prepared to seek an order to wave the other parent's consent, for you to hold the passport and to wave the necessary travel consents for you.

                    Play hard ball.

                    Originally posted by SteelCityDad View Post
                    May just be throwing it into a black hole if I don't approach it right.
                    You have to be prepared to go on motion. At this point considering how fresh your agreement/order is ... You will be very successful if you go on motion but, you have to give reasonable time. Say 30 days from the date of the letter and on day 31 bring a motion.

                    Stop playing games with the other parent. They have legal counsel and you have legal counsel. You have tried enough to do it the nice way. Time to leverage the order you have in hand properly.

                    Comment


                    • #11
                      Thanks for the great advice Tayken. I will follow up on this when I have time to do so. Other things are a priority right now.

                      Comment


                      • #12
                        Will I have almost no luck getting my lawyer to help with this. He did send a letter stating that the other parent is required to sign this document, but didn't give any deadline nor send a copy of the application. The other parents lawyer sent back a letter a few days later full of nonsense and lies.

                        My lawyer now says he can't deal with these petty matters nor do I think he should have too.

                        I am really starting to worry about my trip I have planned for the end of July that will need D6's passport.

                        Not sure what options I have left here as I tried to get the other parent this weekend at our exchange to sign it again as they said they would but once I presented it to them they refused yet again.

                        Comment


                        • #13
                          Time for you to talk to your lawyer.

                          I'd instruct lawyer that all correspondence sent out from his office be sent to you for your approval prior to it being sent out. This is a reasonable request and prevents mistakes from happening.
                          Last edited by arabian; 04-24-2017, 06:10 PM.

                          Comment


                          • #14
                            Originally posted by arabian View Post
                            Time for you to talk to your lawyer.

                            I'd instruct lawyer that all correspondence sent out from his office be sent to you for your approval prior to it being sent out. This is a reasonable request and prevents mistakes from happening.
                            Problem is that my lawyer is finishing his bills up for legal aid and I don't think my legal aid is to cover endless bickering so to say. I cannot afford a lawyer right now either, he was the only one I could afford as he accepted what legal aid would pay him when I could. He is was to busy to deal with the endless nonsense I will be dealing with for many years as he does criminal, family, and real estate law.

                            I basically need to do this on my own now and hope that it will make things better if I am successful. If I am not, pretty sure the other parent will just continue to do what ever they want without any consequence.

                            Thanks

                            Comment


                            • #15
                              If you spend time researching and listen to the good advice given to you by experienced people on here then you will probably do ok with simple motions. A month has now passed since Tayken gave you some good advice.

                              Your perception is that this is 'bickering' but I wonder if the other side feels the same? Does your ex also have a legal aid lawyer?

                              File a motion. Failing that, make other vacation plans - you might be good to do that anyhow, depending upon where you live it might be September before you see a courtroom. It sounds as though you will have to go to court to accomplish what you want.

                              Comment

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