Passports

[She took the kids]

My ex has asked me to sign to allow my children to get their passports. The children has told me on several occasions that their mother has told them that "Mommy says she is going to run away with us so you will never see us" Can I be forced to sign for their passports? And if i can, Can I be forced to sign the letter to allow them to leave the country? I am extreamly concerned. Please advise me on what I can do. thank you

[blinkandimgone]

She cannot force you to sign a passport application. If you have concerns that she is a risk to abscond with the children then you can raise them in front of a judge if she chooses to take you to court over the passport applications.

She also cannot force you to sign a letter for her to travel with the kids. If you choose not to then she can file a motion requesting you to provide a letter of consent which would take you back to court yet again.

[Pharah]

....or she can get a court order to travel with your children. You would need to provide evidence that she has planned to take the kids. Maybe a voice recording of you questioning her about it or talking to the kids?

My spouse and I got an order to travel with my son when my ex refused to allow us to go on a family vacation. Our Judge in particular feels that travel is important to a child's development. You may not be forced to help get the passport but if you can't prove that she will take the kids, then a judge may let her get it anyway.

[InterprovincialParents]

My ex has asked me to sign to allow my children to get their passports. The children has told me on several occasions that their mother has told them that "Mommy says she is going to run away with us so you will never see us" Can I be forced to sign for their passports? And if i can, Can I be forced to sign the letter to allow them to leave the country? I am extreamly concerned. Please advise me on what I can do. thank you

If she is the custodial parent, she can get the passport without YOU. My suggestion would be to allow it, but to have a court order that has her surrender them to a lawyer or other third party that will not give without your written consent!

[InterprovincialParents]

Then the consent states, "to travel abroad with (X child), (birthdate) and (Y child), (birthdate), returning to Canada on (this date) at which point the children's passports will be surrendered to (name of 3rd party) within 2 business days.

If worried, I would also add an enforcement clause just to be on the safe side, with reference to the Hague Convention, and partner countries, etc....

[InterprovincialParents]

Does mom have any significant ties to another country? If so, I would add an enforcement clause, and a clause that states she needs to provide you with telephone information for the duration, as well as an itinerary, and that you are able to contact police in said country to obtain the children if they are not returned to canada on (specified date)

[dinkyface]

If she is the custodial parent, she can get the passport without YOU.

Sometimes not. It depends on what is in your custody order, and whether father is named on the birth certificate, and whether there are any in progress court proceedings.

Call passport canada to find out more.

Also, see here for a standard consent letter - take note of the contents (itinerary, contact info).
Sample Consent Letter
Also, I've been 'officially told' that, if flying, it is customary to provide a copy of the e-tickets to the other parent (as proof of itinerary). Seems silly to me - this is hardly proof, since an actual e-ticket for a booked flight looks exactly the same as an 'about to be booked' ticket (except for the booking # - which you probably want to obscure anyway). Plus... it is in the travelling parent's best interest for the consent form to describe the correct itinerary in order to avoid problems at borders. (I was SOO tempted to provide multiple e-tickets - to our real destination, PLUS timbuktoo, kalamazoo, etc. on our last trip )

[dadtotheend]

No one has asked how old the children are. Are they too young to give reliable accounts of what Mom has said? Everyone is jumping in with suggested court action, suggesting an undercurrent of conflict, mistrust, denial of access, even abduction.

How sad that parents must resort to court orders rather than discuss between themselves what is right travel wise.

[InterprovincialParents]

It does not matter how old the children are, DTTE, if one parent has a concern...sheesh, you'd think you would be more informative and realistic on this matter!

[dadtotheend]

It most certainly does matter how old they are. The only thing he says upon which he bases his decision is the reports from his children as to what Mom has said.

If they four years old it would be a much different matter than whether they are fourteen years old, both from the perspective of the reliability of their account of what Mom says and whether their views should be given any weight.

What is ridiculous here is that everyone weighed in with a direct to court approach rather than trying to co-parent the issue in some fashion. Nowhere does the poster say anything about the relationship he has with his ex. He titled the thread "She took the kids" but then goes on to say that she has asked him to sign the passport.

And then everyone jumped on the court bandwagon.

[InterprovincialParents]

My reason for jumping on the court bandwagon is because it happens...a parent gets the passport and does not return...and prevention is a heckuva lot easier than tracing someone around the globe to get the kids back...less expensive too.

[dadtotheend]

Fair enough.

[Alienfire]

You do not have to sign the passports or even give her permission to take the children overseas or across a border. Even if she is the custodial parent she still needs your permission. As well as if you were to get passports for your children on your own. Both parents need to sign under age 16 (I believe it is) over 16 is considered adult and they can get their own passports. Passsport Canada will not issue a passport for a custodial parent unless they have the noncustodial parents approval. They did this to stop parent abductions overseas. Go to Passport Canada site and it will tell you this.

Dadtotheend is right that if the kids are younger they aren't able to fully relay the full message that the mother might have said. If they are younger maybe in heated discussion with a friend she said it might be easier to run away.

[windiiii]

What if the children want to go? Isn't there an age where a child can make a decision on whether to go live somewhere else or travel outside their province or country?

[She took the kids]

Mother and I were ordered to get a parental access by judge last may. I have put in for my half, but she refuses to have her half done. This is also worrisome to me. Yes she took the kids and left while I was at work. Any time I get to spend with my kids has been a direct effect of taking her to court. She will not compromise at all. It was agreed upon at the last court meeting that holidays were to be split. She gave me 66hours of the two week holiday break.