driving from A to B during visitation

[Concerned33]

I believe he could get a passport for your child that is older than 16. Without your knowledge. Both parents have to sign off on the application if they are younger than 16. There is a way that you can notify the US Department of State of the existing court orders to have your childrens names "flagged" so that he will be denied a passport if he were to try. This is to prevent child abductions out of the country. I would definetely do that if I were you. It souns like he might be a flight risk, hence the court orders to prevent that.

 

[Concerned33]

2. Sole Physical Custody: A parent may be granted exclusive physical custody without exclusive legal custody. This means the child resides with and is supervised by one parent, subject to the other parent's visitation rights; but the custodial parent does not have sole decision-making power regarding other matters affecting the child. [Ca Fam § 3007]

3. Sole Legal Custody: Conversely, a parent may be awarded the exclusive right and responsibility to make decisions relating to the child's health, education and welfare; but unless exclusive physical custody is also granted, that parent does not have sole control over the child's residence and supervision. [Ca Fam § 3006]

Since I have both sole legal and physical custody don't I decide on who, when and where to give out the childrens documents?

I would think so. Yes. If I were you, because of the particular situation you have with your ex, I would not give him that info until a judge told me I had to. No matter what anyone tells you. I'd let a judge tell me I was wrong... but thats just me. I am stubborn like that.

 

[californiamom3]

The oldest is currently 16 as of February.

 

[Concerned33]

Exactly. I would just be leary of his intentions. You were married to him, and obviously you felt the need to ask for orders barring him from taking the kids out of your county and the judge agreed. I would take my chances on this one and not give him that information. If he chooses to go back to court over this, he will have to explain why its dire that he has it I would imagine.. maybe not.. And you in turn, can explain your reasons for withholding that particular info from him... and let the judge decide. Is he pushing the issue with you??

 

[Isis1]

legally, dad can show up at the DMV with daughter and get the license number without your permission. barring a court order, dad can walk around anywhere daughter has paperwork and get any information deemed available through the constitution as a father.

you do not overthrow the constitution because you have sole decision making abilities.

 

[californiamom3]

Previous orders were due to his recorded (thanks to a restraining order that allowed me to do so) threats of taking the children to Holland.
I am always aware that his intentions may not be on the up and up. They never have been.

 

[Concerned33]

That is true. He can go get that information for himself if he wanted it bad enough. I am just saying that I would not be the one to give it to him, because of the background. If he wants to go out and do it on his own, so be it, the OP cannot stop him. But she CAN file the court orders with the Department of State and have their names flagged for any funny business. Which is what I would do to try and prevent any troubles down the road. If he has threatened to take them away before, and is in contempt with NOT turning his own passport in as he was ordered to do...I would not trust this guy for nothing!

 

[californiamom3]

legally, dad can show up at the DMV with daughter and get the license number without your permission. barring a court order, dad can walk around anywhere daughter has paperwork and get any information deemed available through the constitution as a father.

you do not overthrow the constitution because you have sole decision making abilities.

So am I legally obligated to provide documents to him?
Or is he just legally allowed to gather the information for himself?

 

[LdiJ]

Ok, so now I'm confused!
Am I to provide her DL# if he asks?
As far as the passport goes he was previously ordered to turn in his passport due to child abduction prevention orders. He was to notify the Dutch Consulate within 60 days but never did. That's why he was able to leave the country 5 years ago.
He was recently again ordered to turn over his passport but there's no way of knowing if he has. There is a no travel with children which specifically states he not take them from the county as well. Couldn't he get a passport with her documents?

I absolutely would not give him the driver's license number. He has no valid need for it and he could very well insure his car under her name once his Driver's License is yanked. If a judge actually orders you to give it to him you will have to, but until that happens I would NOT do it. Of course, he may talk your daughter into giving it to him.

He can get their social security numbers and birth certificates without you. (assuming that he is on their birth certificates).

He cannot get a US passport for them without your notarized signature. I have no idea if he could get a Dutch one for them without your signature, but its unlikely and you could verify that by contacting the Dutch Embassy or Consulate.

Actually...scratch that and double check with the State Department and the Dutch Embassy. I seem to remember that for kids 14 and older it does not require a parent's signature on the passport application, it simply requires their signature. However I am not sure that I am correct about that so do the due diligence and verify it with the proper authorities.

 

[californiamom3]

notify the US Department of State of the existing court orders to have your childrens names "flagged" so that he will be denied a passport if he were to try.

I believe this is the best advice I've ever received!

 

[Isis1]

So am I legally obligated to provide documents to him?
Or is he just legally allowed to gather the information for himself?

you are not legally required to give it to him. he is legally allowed to get it himself.

 

[Concerned33]

I absolutely would not give him the driver's license number. He has no valid need for it and he could very well insure his car under her name once his Driver's License is yanked. If a judge actually orders you to give it to him you will have to, but until that happens I would NOT do it. Of course, he may talk your daughter into giving it to him.

He can get their social security numbers and birth certificates without you. (assuming that he is on their birth certificates).

He cannot get a US passport for them without your notarized signature. I have no idea if he could get a Dutch one for them without your signature, but its unlikely and you could verify that by contacting the Dutch Embassy or Consulate.

Actually...scratch that and double check with the State Department and the Dutch Embassy. I seem to remember that for kids 14 and older it does not require a parent's signature on the passport application, it simply requires their signature. However I am not sure that I am correct about that so do the due diligence and verify it with the proper authorities.

See.. other people agree with me! And the age limit is 16. I just checked on the State Departments website. If they are over 16, its one parent. Under 16, both notarized signatures. Not sure about Dutch passport though....

 

[LdiJ]

So am I legally obligated to provide documents to him?
Or is he just legally allowed to gather the information for himself?

You are not legally obligated to give him anything that he can get on his own, no matter what anyone else might say. I am thinking that its possible that neither parent could get the child's driver's license number without the child's cooperation.

Again, based on the overall circumstances I personally wouldn't give him anything that the judge didn't order me to give him.

 

[californiamom3]

I absolutely would not give him the driver's license number. He has no valid need for it and he could very well insure his car under her name once his Driver's License is yanked. If a judge actually orders you to give it to him you will have to, but until that happens I would NOT do it. Of course, he may talk your daughter into giving it to him.

He can get their social security numbers and birth certificates without you. (assuming that he is on their birth certificates).

He cannot get a US passport for them without your notarized signature. I have no idea if he could get a Dutch one for them without your signature, but its unlikely and you could verify that by contacting the Dutch Embassy or Consulate.

Actually...scratch that and double check with the State Department and the Dutch Embassy. I seem to remember that for kids 14 and older it does not require a parent's signature on the passport application, it simply requires their signature. However I am not sure that I am correct about that so do the due diligence and verify it with the proper authorities.

The oldest was born in Holland so as far as I know she is officially dual. Dad is Dutch and mom is American. Holland is one country that allows duals like that.
I will be making some calls tomorrow to look into all of the possibilities.
He is on all of their birth certificates.
I don't think he could convince her to do much. She's a pretty savvy teenager who is constantly wondering what he's up to as well. She's endured a lot during her younger years and doesn't trust him 100%

 

[LdiJ]

The oldest was born in Holland so as far as I know she is officially dual. Dad is Dutch and mom is American. Holland is one country that allows duals like that.
I will be making some calls tomorrow to look into all of the possibilities.
He is on all of their birth certificates.
I don't think he could convince her to do much. She's a pretty savvy teenager who is constantly wondering what he's up to as well. She's endured a lot during her younger years and doesn't trust him 100%

If the oldest was born in Holland she may HAVE a Dutch passport. Any American passport would have expired by now if not renewed, but I don't know the rules for Dutch ones...again, do your due diligence.