International travel with child following divorce

[CourtClerk]

...He can prevent the trip by simply refusing to sign for a passport for his child.

LD said it better than I did apparently....

 

[janM]

Does the fiance (mom) have sole legal custody?

I was looking into what was needed to get my grandson (he was born here in the US) a passport so we could travel to Canada after January 31st (by land). We (including his dad) moved to the US from Canada a dozen years ago and are resident aliens. My son has legal custody. The government site says the following:

(for minors under age 14)

1. Both parents must appear together and sign or

2. One parent appears, signs, and submits second parent's notarized statement of consent authorizing passport issuance for the child (a notarized Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14 , or a notarized written statement with the same information on a sheet of paper from the non-appearing parent) or

3. One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following):

- Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or
- Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or
- Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or
- Adoption decree (if applying parents is sole adopting parent); or
- Court order specifically permitting applying parent's or guardian's travel with the child; or
- Judicial declaration of incompetence of non-applying parent; or
- Death certificate of non-applying parent.

I had assumed the boy's mom would have to sign too, but it appears she doesn't have to.
Maybe this is the case with your fiance, too.

 

[CourtClerk]

Does the fiance (mom) have sole legal custody?

I was looking into what was needed to get my grandson (he was born here in the US) a passport so we could travel to Canada after January 31st (by land). We (including his dad) moved to the US from Canada a dozen years ago and are resident aliens. My son has legal custody. The government site says the following:

(for minors under age 14)

1. Both parents must appear together and sign or

2. One parent appears, signs, and submits second parent's notarized statement of consent authorizing passport issuance for the child (a notarized Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14 , or a notarized written statement with the same information on a sheet of paper from the non-appearing parent) or

3. One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following):

- Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or
- Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or
- Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or
- Adoption decree (if applying parents is sole adopting parent); or
- Court order specifically permitting applying parent's or guardian's travel with the child; or
- Judicial declaration of incompetence of non-applying parent; or
- Death certificate of non-applying parent.

I had assumed the boy's mom would have to sign too, but it appears she doesn't have to.
Maybe this is the case with your fiance, too.

Even if mom had sole custody of the child, that has no bearing on the fact that she may not be able to take him out of the country....

or that dad couldn't contest the trip in court (the same for your situation). What's the use of a passport if you can't use it?

 

[LdiJ]

Even if mom had sole custody of the child, that has no bearing on the fact that she may not be able to take him out of the country....

or that dad couldn't contest the trip in court (the same for your situation). What's the use of a passport if you can't use it?

If she has sole custody she doesn't need dad's permission to travel outside of the country for vacations....hence the reason why dad's permission isn't needed for the passport.

 

[CourtClerk]

If she has sole custody she doesn't need dad's permission to travel outside of the country for vacations....hence the reason why dad's permission isn't needed for the passport.

I have seen CO's that grant sole custody, however, still order that both parents confer when the child is taken out of the country. In fact, my sister's CO is written that way... weird, yes, but it happens.

My CO doesn't mention it, but my CO is (admittedly) one sided.

 

[LdiJ]

I have seen CO's that grant sole custody, however, still order that both parents confer when the child is taken out of the country. In fact, my sister's CO is written that way... weird, yes, but it happens.

My CO doesn't mention it, but my CO is (admittedly) one sided.

Sure, an order can address that issue specifically, even with sole custody. However most orders don't say anything about international travel unless one of the parents is from another country, or has significant ties to someone in another country at the time that the orders are made.