Obtaining a Passport for Minor

[rrf]

What is the name of your state? CALIFORNIA

I have Joint-Legal and Primary-Physical Custody of my 10yr-old. I plan to take a vacation trip overseas with my child in December. My child needs a passport for travel. The US Passport Agency requires one of the following (from DS-3053 form):

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5. Present Parental Application Permission Documentation

(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 ( Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14, or a written statement with the same information on a sheet of paper from the non-appearing parent that includes the child's name and date of birth, as well as parent's identification information or a copy of his/her ID may be used for this purpose) 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.
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Now #1) and #2) are out since my ex-wife refuses to sign a consent form. Her reason for refusal is that our daughter can only go if she goes also. That's not gonna happen obviously. I'm sure my current wife will not appreciate that

So I think the only solution to this is #3) where I have to get a Court Order giving me permission to travel with my daughter.

If so, how do I get such a Court Order? What circumstances are there for the Court to give such permission? What's really going to be involved in getting it? Will there be enough time to get it by our December trip?

Thanks.

 

[LdiJ]

What is the name of your state? CALIFORNIA

I have Joint-Legal and Primary-Physical Custody of my 10yr-old. I plan to take a vacation trip overseas with my child in December. My child needs a passport for travel. The US Passport Agency requires one of the following (from DS-3053 form):

------------------------------------------------------
5. Present Parental Application Permission Documentation

(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 ( Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14, or a written statement with the same information on a sheet of paper from the non-appearing parent that includes the child's name and date of birth, as well as parent's identification information or a copy of his/her ID may be used for this purpose) 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.
------------------------------------------------------

Now #1) and #2) are out since my ex-wife refuses to sign a consent form. Her reason for refusal is that our daughter can only go if she goes also. That's not gonna happen obviously. I'm sure my current wife will not appreciate that

So I think the only solution to this is #3) where I have to get a Court Order giving me permission to travel with my daughter.

If so, how do I get such a Court Order? What circumstances are there for the Court to give such permission? What's really going to be involved in getting it? Will there be enough time to get it by our December trip?

Thanks.

You would file a motion asking the judge to order mom to sign the consent form.

Some of the things the judge will consider are....why doesn't mom want the child to go? Are you from that country or have ties there? Is or does your wife? Is that country a signatory to the Hague Convention if you or she does? How old is the child?

If you are from that country or have ties there then a judge would try to determine whether or not you are a "snatch" risk...such as....what are your ties here? etc. Its possible that a judge could even order you to post a cash bond to ensure that the child will be returned to the US.

Basically, if the judge thinks there is a chance that you would try to stay there with the child and not return the child to the US then you could either get turned down, or have to post a bond.

If its clearly nothing more than a vacation...and your child is old enough to appreciate the vacation (and the area isn't dangerous of course) then a judge would be likely to simply order mom to sign.

 

[rrf]

The trip is definitely just for a Xmas vacation to the Philippines, visit relatives, and show my daughter where I came from. My ex-wife came from the same country as well.

So how do I file a motion? Just go to my County Court (my ex and I live in different counties) and fill up some forms? Will this be a hearing with a judge where my ex-wife has to be present?

 

[LdiJ]

The trip is definitely just for a Xmas vacation to the Philippines, visit relatives, and show my daughter where I came from. My ex-wife came from the same country as well.

So how do I file a motion? Just go to my County Court (my ex and I live in different counties) and fill up some forms? Will this be a hearing with a judge where my ex-wife has to be present?

Yes, it would be a hearing where your ex-wife has to be present. In your situation I would strongly recommend that you hire an attorney to handle the case.

 

[tcarlson]

I am having the same problem. My husband and I are planning a vacation to Ireland Oct 1. I have an 11 yo and my ex is withholding his sig so I will sign a lower Child support agreement. The Manipulation will continue till your child is grown,good luck

 

[psfunkytek]

I just went through this in CA

I just went through this last month. My ex wanted to take our child to his current wife's native country (not a party to Hague Convention) and I refused to consent. He took me to court in attempt to force me to sign and the judge wouldn't order it.

The basic reason the judge gave was that both our arguments deserved a FULL HEARING which there was no time for and we were in the midst of a highly contested custody dispute and a 730 Evaluation. Also, the judge was generally not inclined to order this because there is a reason why it is so difficult for one parent to remove a child from the country without the permission of the other, and frankly, each parent does and really SHOULD have the right to say no to something like this, whereas the right to remove the child from the country is by no means a right. I researched this issue extensively before I went to court and I even posted it here (and also under immigration). I couldn't find any reference to any judge in the country making such an order except in EXTREME situations such as one parent being incarcerated or missing.

Just so you know, there is NOTHING my ex could have done to stop me from going on that trip if the court had allowed it. I had already contacted a private investigator in the country where they were going who would basically see to my not getting in trouble hurt. It would have been a HUGE financial burden for me to do so, but nothing compared to the emotional and financial burden of having a child abducted.

Just an FYI and you and your new wife are both native of the the country where you want to go, that alone makes you an extremely HIGH abductor risk. I would visit the National Association for Missing and Exploited children website. It has TONS of helpful information on this issue no matter which side of the issue you're on.

You can e-mail me at [email protected] if you want more information about my case.