Mom won't sign passport application.

[wavehopper27]

What is the name of your state (only U.S. law)? Mom lives in NC with kids. All orders come from MA court, where I live.

My eldest is graduating high school soon and we want to take him and his sister on trip outside the country. He will be over 18 so he is a non issue. The issue is with his younger sister. Mom won't sign paperwork to get her a passport. Mom has physical custody and we share joint legal. I have visitation during most school vacations and 6 weeks over the summer.

My question is, would a judge likely force her to sign the application or should we just change vacation plans until my daughter herself turns 18 and can get her own passport?

 

[cbg]

I do not believe the judge has the authority to force her to sign the passport application. If I am wrong, someone will correct me.

 

[LdiJ]

I do not believe the judge has the authority to force her to sign the passport application. If I am wrong, someone will correct me.

Judges do it all the time whether they have that authority or not. Its kind of like the tax exemptions for children. Judge's don't have the authority to order a parent to sign a form 8332 releasing the exemption to the other parent either, but they do that all the time too.

 

[CSO286]

I do not believe the judge has the authority to force her to sign the passport application. If I am wrong, someone will correct me.

The Judge can order the other parent to sign the application. This is what I was requesting; however the Judge went above and beyond and awarded me sole legal/physical, so this point became moot.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Mom lives in NC with kids. All orders come from MA court, where I live.

My eldest is graduating high school soon and we want to take him and his sister on trip outside the country. He will be over 18 so he is a non issue. The issue is with his younger sister. Mom won't sign paperwork to get her a passport. Mom has physical custody and we share joint legal. I have visitation during most school vacations and 6 weeks over the summer.

My question is, would a judge likely force her to sign the application or should we just change vacation plans until my daughter herself turns 18 and can get her own passport?

How old is your daughter?

 

[TinkerBelleLuvr]

The judge, in our case, ordered the father to sign the paperwork. Are you wanting to do this THIS summer?

 

[cbg]

Okay, I'm wrong.

 

[CJane]

Is your daughter over the age of 16?

 

[TinkerBelleLuvr]

The problem is the timing. If you had done this back in December/ January, you could have gone to court. Even with mom signing it, you don't leave much time to get the passport.

I have verbiage that talks about not going to countries that don't honor the Hague Convention. In addition, there are time frames for getting notorized signatures from the other party prior to travel. I had the paperwork with me when I went to court. I had a notary on standby and the judge ordered my X to sign.

 

[CSO286]

The judge, in our case, ordered the father to sign the paperwork. Are you wanting to do this THIS summer?

OP has right around zero time to get this done if that's the case.

 

[wavehopper27]

My daughter turns 15 next month. She will turn 17 the summer we want to go.

No, this is not for this summer. This would be for summer 2014. I had a feeling mom wouldn't cooperate so I started getting the ball rolling now.

 

[wavehopper27]

Would I have to file down in NC or can I do it here in MA?.

 

[CSO286]

My daughter turns 15 next month. She will turn 17 the summer we want to go.

No, this is not for this summer. This would be for summer 2014. I had a feeling mom wouldn't cooperate so I started getting the ball rolling now.

Well, now, then you're doing this right. Start with a nice conversation about it and go from there. If she does fight then take the legal steps necessary and make sure that you are prepared in the event the Judge orders her to do so: Have the paperwork with you and ready to be signed.....notary present if needed. That way, Mom can't stall and dodge you if you win. Get it done right there in the courtroom.

 

[CSO286]

Would I have to file down in NC or can I do it here in MA?.

It will require a modification to the custody order. If that was issued in NC, then NC is where you must file your action.

 

[wavehopper27]

It will require a modiifcation to the custody order. If htat was issued in NC, then NC is where you must file your action.

All orders have come out of Massachusetts Family Court. She moved from here to NC about 3 years ago.