Passport consent


#1

I’ve got the opposite problem. My ex took my children to Mexico without my knowledge. He is re-married and he and his new wife signed the application consent form. Anyone looking at my very pale redheaded children would realize she is not their mother as she is Latino (from Mexico–therefore the reason they were visiting there). I personally would like to keep my ex from taking my children back to Mexico, especially since he came back bragging that they went into places that “normally a white person would not go alone”, but they “were perfectly safe since he was with his wife who was Mexican” (quotes are his words). I don’t like him admitting that he took my 8 y/o and 5 y/o children into “dangerous” areas of Mexico. Is there any way to “void” their passport since they actually did NOT get permission from both parents?

venus


#2

If the two of you cannot work together to make decisions in the best interest of the minor child, then joint legal custody is impossible. If she refuses to act in your child’s best interest then your options would be to request that she mediate the issue with you and if she refuses or you cannot settle, then you would file a lawsuit and ask the court to modify the custody schedule. At that time you could ask the court for sole legal custody, or ask the court to order that she be forced to allow your daughter to get a passport. You an also offer to put up a Surety Bond to guarantee you will return to the country with the minor child. A bond for your minor works the same way a bond would for someone bailing themselves out of jail, you put up collateral that guarantees you will return and if you do not, you forfeit that property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Thank you very much for your response.

It is as I suspected. In retrospect and knowing the way she has been in the past, I should not have settled for joint legal custody - it took long enough to get to that point and had turned our lives upside down for so long that it was such a relief to settle several days before we went to court. It was also so very difficult to reach agreement on the points we did, I guess I should feel lucky that I made the progress that I did and although there are still some problems, kiddo’s doing a lot better - mad as you know what at mom about the vacation thing, but a lot better overall.

I gather that the best vway to procede for now is to ignore mom’s crap so it doesn’t invade my mood and just document the instances where she acts contrary to our child’s best interests. Who knows, maybe she’ll chill out after a while. Kiddo can get passport without her signature in under 2 years. If I can avoid litigation, the money saved on legal costs would fund one heck of an overseas vacation tour at that point.

Good luck with your situations everyone. So much wasted time, energy, resources, that could be spent on much more productive pursuits overall…


#4

I commend you for your healthy perspective on the situation and your focus on your daughter’s best interests. She is lucky to have a father who cares so much for her.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

I am the father of a 12 year old in North Carolina. Purely out of spite, the child’s mother is refusing to sign a passport application consent form allowing the child to be issued a passport. There is no reasonable thought that I would kidnap and flee to another country or anything like that. In fact the proposed travel is to Canada. We have a custody agreement filed with the state that is silent with regard to any kind of travel restrictions. The passport applicatoin is the only reason the mother has any control over the situation what-so-ever. She blames the child for the divorce, for a lot of her own problems, is probably jealous that the child has opportunities that she doesn’t / didn’t, and is all about trying to create problems for me in any way she can. Is there any way short of filing another lawsuit that I can deal with this? go around her perhaps, etc…?

Thank you in advance for your time: Any help or perspective would be greatly appreciated.

Some additional background:

The mother and I have been divorced for several years. We recently “agreed” to a modified custody agreement that is filed with the court by which we have joint legal custody and I have primary physical custody.

The mother has long made a point of creating problems or creating a roadblock each and every time that she can, especially in any situation where she feels that she can make situations difficult for me - one of the primary reasons that I sought primary physical custody and legal. We settled right before going to court as is often the situation, and I acquesced on full legal custody based on both attorneys’ assertion that there would be little need for joint decisions as it was all handled in the agreement. we had joint physical custody before that (50/50).

Except it wasn’t all handled… Each Summer I have arranged for the child to have trips to visit grandparents and other close family relatives on both sides of the family. It is not unusual for the child to travel with relatives on either side for a week or so here and there during the summer - nearly always out of state. It has been really good for her and she has flown by herself (unescorted minor program, etc…) since she was 6 and before the mother and I were divorced.

My parents have been trying to plan a trip to Canada with her for three years, the mother was not in opposition to this previously, but is very angry with me regarding the new custody arrangement, and just about anything that she can think of on a daily basis. The trip wold be very good for the child and the child very much wants to go. We were planning on her going and were quite shocked when we found out that the passport form required two signatures. hopeful in asking mom for the signature, but not so surprised when she refused. She is uncooperative to the point that she rarely answers any communication - even those required by our agreement (always offered politely and in appropriate form).

When asked to sign the passport consent form (she vehemently refuses to be “under the same roof” as me so although I politely offered to meet her there, I knew she wouldn’t), she finally replied that she did not feel it was safe for our child to travel to Canada with my parents and refuses to sign the passport application. She did say that she might have a different perspective if I was going to escort the child at all times, but did not reply when I asked if she would sign if I agreed to accompany them on vacation. Based on many past experiences, she has decided she isn’t going to sign it just because I have asked her to, and contrary to her assertion that it would be OK if I were going to be with the child, I presume that as usual she will just not respond or when pressed really hard will reply that she doesn’t trust me to go, etc… Note that I have carefully and in good faith worked to honor every term of the agreements between us and have gone out of my way to try to be accomodating in many situations that I did not.

Is there some mechanism by which I could compel her to sign the passport application? or perhaps get the child a passport without her consent? She has made it clear and in writing that she is only concerned about the childs safety if she travels outside the country’s borders. Yet she is fine with the child traveling to large urban cities in the US by herself.

I would very much appreciate any insight or guidance that might be offered. I plan to start calling the passport office / state department regarding he requirement for other parent “not available”. I would of course be honest regarding the reason for the “mother”'s absence when filling out the form.