Passport question

[EmmaGrace]

What is the name of your state? Ohio

My ex and I have been divorced for 10 years. We have two children, 11 and 16. We share legal and physical custody 50/50.

This is a dual part question:

1. I have tried to get passports for the kids for the past 3 years. We did not address this in our original agreement. My husband and I like to travel a lot and a friend has offered her flat in London for our use anytime we'd like to use it. X says he will agree to it, but he refuses to set up a meeting time at the passport processing to help apply, or agree to get a notarized letter giving permission. This has also prevent our 16 year old from going on mission trips with the youth group at her church and on vacations with friends who have invited her to go out of the country with their families. *edit* So my question is, how can I get passports for them? Does my daughter have to wait until she's 18 to get a passport on her own and my son just has to wait until then as well?

2. Several years ago, he took the kids to Mexico with his wife and they did not tell me they were going. They simply passed the kids off as theirs together when crossing the border. My kids now tell me that their father is planning on taking them on a cruise this summer, though he has not said anything to me about his vacation plans (we usually map it out in January) except that he's taking them for his vacation time in August. They do not know where they are going, but I don't want him to take them out of the country again without my knowing. I would certainly give permission for them to go, but I want to know where they are, you know? Are the rules different when you are crusing to different countries? I would guess they are taking one down to Mexico or the Carribean, but I don't know for sure. Is there any way for me to be alerted if he tries to take them out of the country without my knowledge or consent, just as I would need his to do the same?

Any thoughts?

 

[goodneighbor2]

Re: passport question

I'm in Illinois. My ex is not a US citizen, but holds a green card. He is from the middle east. I had the same question (2) for my lawyer during my divorce. She told me that she could have his passport flagged so that if he tried to abduct the kids (as he threatened in counseling), he would hopefully be stopped at the airport.

I'd love to hear more advice on this subject.

 

[LdiJ]

I'm in Illinois. My ex is not a US citizen, but holds a green card. He is from the middle east. I had the same question (2) for my lawyer during my divorce. She told me that she could have his passport flagged so that if he tried to abduct the kids (as he threatened in counseling), he would hopefully be stopped at the airport.

I'd love to hear more advice on this subject.

That only works however when they are going to countries that require a passport....obviously dad isn't do this since the kids don't have passports.

Mom...your only real option is to file a petition asking the judge to order him to sign the passport applications.

 

[Ambr]

I thought copies of their birth certificate was required for travel to Mexico?

I was told that I needed a notorized letter of consent from my ex to get the kids into Mexico.

Of course, that was being honest and admitting that stepdad (traveling with) was not their biological dad. Of course, they would have known that when they checked the birth certificate and the dad name didn't match stepdads id.

 

[stealth2]

Technically, you need some sort of ID and consent from the other parent to cross to/from Mexico or Canada. But realistically, sometimes you're not asked. Same with cruises.

As for passports.... you may want to check the justice dept website, but I believe that once a kid is 14, you no longer need both parents' consent. For younger kids, you need either the other parent's consent, JD approval (there's a form you can fill out why you can't get the other parent's consent - I doubt taht would work for you) or a court order.

 

[IrishLady47]

This is the correct website for information about passport requirements---http://travel.state.gov/passport. Passports fall under the Department of State, not Department of Justice.

In brief, children under the age of 14 must have both parents sign the application in person or a DS-3053 submitted by the absent parent UNLESS the custodial parent has a court order giving SOLE legal custody and w/o travel restrictions in the order. Minors 14-17 may sign their own application as long as they have proper ID, parental consent MAY be requested for security reasons.

Until the end of this year, passports are not required for travel to Mexico, Canada, or much of the Carribean. Proof of citizenship (birth certificate, etc.) is, parental consent may or may not be asked for. This is being phased out. By 1 Jan 2008 any travel over US borders will require a passport.

 

[abstract99]

I looked into taking my children on a cruise this summer through Carnival and I asked the cruise line if I would need a passport and they said no. The only thing you can do is file a petition through the courts to be able to either order him to sign the consent or get paperwork from the courts saying that his signiture is not required. When my wife got orders to guam they would have had to fly through Japan to get there so they needed passports. I just got the form from the passport agency and took it to her to sign. Even if you have sole custody, unless you have in writing that father cannot leave the us borders then there is nothing you can do to stop him from taking the children. He might not know where he is going yet because he is waiting until the last minute to buy the tickets. When my wife and I went on a cruise we waited until the week before to buy the trip, it saved us close to 1000 dollars.

 

[stealth2]

This is the correct website for information about passport requirements---http://travel.state.gov/passport. Passports fall under the Department of State, not Department of Justice.

Thanks for correcting that - I knew something didn't seem right with it, but didn't have time to look it up. Good to see someone on the ball!