Passport and international travel rights

trinton

trinton

Banned
What does it take to obtain an order for OP to obtain a passport and an order for international travel rights?

Is it as simple as just asking for it? What could OP possibly respond back with?

Should this be asked from OP directly before bringing up the issue in court?
 
We recommend that you talk to a lawyer about the legal issues that apply to you and your children’s unique situation
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How do you physically get the child's passport? My assumption is that you have to ask for an order from the court that the custodial parent let you have the passport during holiday season, or to apply for a passport to begin with, and authorize travel outside of Canada.

All of this given that OP will say No, No, and No.
 
If this travel is within your normal vacation allotment, then you just need a clause in your agreement to indicate that
- for international travel and domestic air travel, other parent will provide notarized consent letter and passport at least 10d before the trip
-consent not to be unreasonably withheld
- what travel details are required, beyond basic contact info
- how much notice is required
- who normally holds the passport,
- a valid passport is to be maintained at all times

You might also consider adding something to permit usage of a Nexus pass
 
You might also want to include a line similar to "neither party will prevent the other from opportunities for the children when they arise" or something like that.
 
Travel Consent going unanswered by other parent

Travel Consent going unanswered by other parent

My fiancée is having one heck of a hard time trying to get in contact with her ex husband so that she can get permanent ability to have her daughter travel with us.
Her ex-husband has not been in contact with them for four years now. Three attempts have been made through letters done up by a lawyer and all have been unanswered.

What steps can be taken now? Will this result in a court summoning for both of them to appear together?

Pls advise.

Thanks,

Filthy1
 
What does it say in the divorce order? If you are going away during your fiancee' parenting time, then having the divorce order in hand will help avoid any drama if asked by border immigration

filthy1 said:
My fiancée is having one heck of a hard time trying to get in contact with her ex husband so that she can get permanent ability to have her daughter travel with us.
Her ex-husband has not been in contact with them for four years now. Three attempts have been made through letters done up by a lawyer and all have been unanswered.

What steps can be taken now? Will this result in a court summoning for both of them to appear together?

Pls advise.

Thanks,

Filthy1
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File a motion, attempt every possible way to locate and serve him, document all of it. Present info to the judge and ask for an ex parte order, sole custody, his consent not required and potential termination of parental rights if necessary.
 
blinkandimgone said:
File a motion, attempt every possible way to locate and serve him, document all of it. Present info to the judge and ask for an ex parte order, sole custody, his consent not required and potential termination of parental rights if necessary.
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Prior to doing this... Make an offer to settle, fill out the passport forms, sign them and attach them to the offer to settle. Outline the dates you want to travel and to where. Also provide every detail about where you will be staying in the offer to settle.

If the other parent has a lawyer they will compell them to be reasonable. If they are not and you do have to go on motion. Then you will get your costs.
 
As Canada doesn't have passport control when leaving the country, I'm curious who checks if the parents are separated or divorces and if the child has permission from the other parent to travel.

Back before my separation, my STBX and child travelled overseas just about every year. Only once, when reentering Canada, did the customs people ask if she had a letter. I remember thinking that it's a little late to check when they are returning to the country.
 
You are right...they only bother checking when a person flies / drives back

ifonlyihadknown said:
As Canada doesn't have passport control when leaving the country, I'm curious who checks if the parents are separated or divorces and if the child has permission from the other parent to travel.

Back before my separation, my STBX and child travelled overseas just about every year. Only once, when reentering Canada, did the customs people ask if she had a letter. I remember thinking that it's a little late to check when they are returning to the country.
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ifonlyihadknown said:
As Canada doesn't have passport control when leaving the country, I'm curious who checks if the parents are separated or divorces and if the child has permission from the other parent to travel.
Click to expand...

There are no outbound checks done by CND government. So it is up to the country that they are going to to check or the airline.

As a result things like this happen more than they should:

Grandpa sentenced for helping daughter take sons to Poland - Toronto - CBC News
 
Some countries have measures in place to put a child on a watch list for crossing without permission. The US does it. Its a complicated process but if you have a concern your child will be abducted, its worth looking into.
 
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