What to file to make the NCPs sign passport paperwork?

[2Mistakes]

What is the name of your state (only U.S. law)? MS

I have full physical/joint legal custody of my 3 children with my ex-wife. My wife has full physical/joint legal custody of her daughter with her ex husband.

My wife and I want to take all 4 kids (my 3, her 1) on a vacation to the Bahamas in May. None of the kids have passports.

My ex wife and her ex husband are both being difficult and refusing to sign the passport paperwork. Just cuz.

What would I need to file against my ex and what would she need to file against her ex to make them sign the passport paperwork? Obviously not a motion for contempt because there is no contempt. I'm just at a loss as to what it would be called. Any ideas?

Thanks!

 

[ecmst12]

Have you tried asking nicely? Perhaps you should reconsider your vacation plans and go somewhere in the states.

 

[CJane]

I'd consult with an attorney in order to find out what needs to be filed.

There's probably a motion to compel or something that could be filed.

 

[2Mistakes]

Have you tried asking nicely? Perhaps you should reconsider your vacation plans and go somewhere in the states.

Yes, I've asked my ex and she's asked her ex VERY nicely.

We really don't want to change our vacation plans. For the last 7 years we've taken our family vacations in the states. This year we'd like to go somewhere tropical. I don't see any reason we shouldn't be able to do so.

There's no reason for either of them to be refusing. Both of them said no "because they don't have to."

 

[ecmst12]

Well, you could spend a lot of money and create a lot of ill will by going to court...which you might end up winning, but it would be a pain for everyone. Or you could go to Florida or California and enjoy plenty of tropical environments without getting in a huge legal battle.

 

[TheGeekess]

Well, you could spend a lot of money and create a lot of ill will by going to court...which you might end up winning, but it would be a pain for everyone. Or you could go to Florida or California and enjoy plenty of tropical environments without getting in a huge legal battle.

They already live pretty darned close to Florida....

I think it would be a motion to compel, 2M.

 

[2Mistakes]

Well, you could spend a lot of money and create a lot of ill will by going to court...which you might end up winning, but it would be a pain for everyone. Or you could go to Florida or California and enjoy plenty of tropical environments without getting in a huge legal battle.

Well, we're hoping to file ourselves, thereby saving money. That's why I'm trying to figure out WHAT would need to be filed. Once we have that jumping off point, I can file mine and she can file hers.

Our last 6 vacations have been to FL - kinda played out for us at this point. This is something we've talked about wanting to do with the kids for the last 3 or 4 years. Now we've saved enough money to go, and don't really want to change our plans. I don't think we should really have to.

 

[2Mistakes]

They already live pretty darned close to Florida....

I think it would be a motion to compel, 2M.

Thanks. I was thinking about a motion to compel but the only time I've filed a motion to compel was when my ex refused to answer discovery/produce documents. I wasn't sure if motions to compel were used outside of the discovery process.

 

[wavehopper27]

How about the U.S. Virgin Islands or Puerto Rico. These are U.S. territories and do not require a passport.

 

[mistoffolees]

How about the U.S. Virgin Islands or Puerto Rico. These are U.S. territories and do not require a passport.

Or Guam, the Northern Mariana Islands, and American Samoa , as well.
http://www.ice.gov/doclib/sevis/pdf/fact_sheet_passport_requirement.pdf

However, it would probably be better to file a motion to compel. Google 'self help divorce mississippi' or start here:
State of Mississippi Judiciary - Chancery Court

Or call the court clerk to ask if there's a self-help center.

Or make an initial appointment with an attorney. Many attorneys will give you the initial consultation for free and you may find that this is a simple enough matter that the cost won't be very high. Certainly in comparison to the cost of taking 6 people to the Bahamas.

It really shouldn't be all that complicated, although it will take some time to get on the docket since it's not an emergency. And there's no guarantee that the judge will agree.

The problem you're going to have is that whether you use an attorney or do it yourself, you don't have much time. You want to leave in 4 months. Before going ANY further, I would call your court clerk and ask how long it takes to get onto the docket in your county. Then, even if the judge agrees with you, it will take some time to get the written order. Then you will have to actually get the passports. Getting all of that done in 4 months? Not likely. I believe you'd be better off making some other plans for this year (either delaying the vacation until August or going somewhere that doesn't require passports) and start the process now so you can go out of the country NEXT year.

Your only other alternative is getting the parents to agree to sign for passports. That may require you to reach some kind of bargain with them.

 

[CJane]

I disagree with Misto only on the part about waiting for an order - if you bring the passport applications to court with you, it's likely the judge would order them signed right then.

 

[mistoffolees]

I disagree with Misto only on the part about waiting for an order - if you bring the passport applications to court with you, it's likely the judge would order them signed right then.

OK. So take one week off the time.

Still, nothing has been filed. I'm not even going to guess at the time, but OP needs enough time for:
- Getting paperwork together and filing something
- Serving ex
- Any pre-trial hearings
- Getting the case on the docket
- Possible delays by one party or the other
- Getting a decision (even if the judge decides in OP's favor)
- Getting passport paperwork to the passport office
- Time for passport office to process paperwork

Since they haven't even started, I would absolutely not be planning on going to the Bahamas in May. Especially since getting a good deal means that they'll need to book everything in advance and lose that money if they can't go. Having several MILLION miles of travel experience under my belt, I think it's a crazy idea to even be thinking of a May trip out of the country at this point.

 

[2Mistakes]

Or Guam, the Northern Mariana Islands, and American Samoa , as well.
http://www.ice.gov/doclib/sevis/pdf/fact_sheet_passport_requirement.pdf

However, it would probably be better to file a motion to compel. Google 'self help divorce mississippi' or start here:
State of Mississippi Judiciary - Chancery Court

Or call the court clerk to ask if there's a self-help center.

Or make an initial appointment with an attorney. Many attorneys will give you the initial consultation for free and you may find that this is a simple enough matter that the cost won't be very high. Certainly in comparison to the cost of taking 6 people to the Bahamas.

It really shouldn't be all that complicated, although it will take some time to get on the docket since it's not an emergency. And there's no guarantee that the judge will agree.

The problem you're going to have is that whether you use an attorney or do it yourself, you don't have much time. You want to leave in 4 months. Before going ANY further, I would call your court clerk and ask how long it takes to get onto the docket in your county. Then, even if the judge agrees with you, it will take some time to get the written order. Then you will have to actually get the passports. Getting all of that done in 4 months? Not likely. I believe you'd be better off making some other plans for this year (either delaying the vacation until August or going somewhere that doesn't require passports) and start the process now so you can go out of the country NEXT year.

Your only other alternative is getting the parents to agree to sign for passports. That may require you to reach some kind of bargain with them.

No self-help centers here, unfortunately. The last 2 times I filed for mods, we got on the docket in 30 days, which isn't too bad. Of course we'd rather not have to the expidited passport route bc it costs more, but my wife and I got passports in 2 weeks when we went to Jamaica last year, so it's an option I suspose.

My ex is $4k in arrears and said she'd sign if I excuse it, but that's a lot of money. If I can make this happen without giving up that money, that's ideal.

I'm thinking if I file, my ex will go ahead and sign after she's served. She would have to take 3 days off work and drive 22 hours round-trip to come to court for what she must know would be a losing cause.

My wife's ex will most likely end up signing. He's usually a little more reasonable than this. He just has some personal stuff going on right now that is affecting his judgment. I think my wife will be able to work it out with him without her having to take him to court.

 

[st-kitts]

Hawaii hasn't been mentioned yet and that is tropical... Also, want to send a second shout out for Puerto Rico. Kids and I went there this summer and we loved it. Great hotels, great food, El Morro is the coolest fort in the whole world, Old San Juan is lovely, and it didn't feel like Florida. I promise.

In terms of the passport thing, the other problem I see here is that it isn't one court case but two court cases since the ex(s) on both sides are objecting. What if the judge says yes on one case, but stalls, delays or says no on the other. I agree with Misto that planning out of country for 2013 is a better idea and just choose a tropical wonderland that is part of the US for this year.

 

[TinkerBelleLuvr]

2mistakes - I had to go to court to get my X to sign for it. I had the form right there and my attorney is also a notary so we took care if it right in front of the judge. You also need verbiage that compels the other parent to sign the release form for the children to go out of the country.

I would go back to my posts about mid 2009 to find it. I'm feeling lazy at the moment about digging my paperwork out.