View Full Version : Passport Custody ?

11-17-2008, 03:13 PM
I have a DD whose 2.5 her dad hasnt seen her in over a year, we are flying out of NY in April..Do i need to beg him to sign her passport application? tech yes hes her parent but tech I have del facto custody? Any thoughts? Will it just be returned if he doesnt sign it?


11-17-2008, 05:03 PM
You COULD ask a lawyer.

However, I know from personal experience that you usually have to have a letter signed by the "missing" parent that is notarized. The letter should include dates, etc. We have in the past also included a photo copy of the other parent's drivers' license to avoid any hold up. Here is an example:

As about getting a passport... I don't think there is any way of getting out of having both parents sign regardless of custody.

drag n' fly
11-17-2008, 05:34 PM
If you do not have sole legal custody of your child then you require a signature from the birth father. If you are unaware of his whereabouts you can sign a form at the passport office that will exempt you from having him to sign it.

I have sole legal custody of my 2 older children from a previous marriage. When I applied for their passports the birth father's signature was not required because I retain sole and legal custody. I did still have to fill out the "whereabouts unknown" even though he has no legal rights over my 2 older children.hth

11-18-2008, 05:42 AM
Thanks Guys
I have sole custody on my son from a previous marriage, I didnt realize there would be extra forms for him too...ugggh paperwork..
DDs Dad agreed to sign it it just means 6 hours of drive time..

11-18-2008, 05:59 AM
Thanks Guys
I have sole custody on my son from a previous marriage, I didnt realize there would be extra forms for him too...ugggh paperwork..
DDs Dad agreed to sign it it just means 6 hours of drive time..

Will he not sign them if you sent them by courier and he could courier them back?

Don't forget to bring all your legal documents with you when you apply. The examiner will have to go through all the documents to see if the father has any access and what type of access to the child. Bring it all or they will ask you to come back if their is any reference in the documents to something that you forgot to bring or didn't think was important enough to bring

11-18-2008, 09:41 AM
I just went through this when applying for passports for my two DS's. I emailed Passport Canada with the very same question you had, and this was their response:

"The policy for issuing passports for children under 16 years of age is based on Section 7 of the Canadian Passport Order. Both parents must participate: one as applicant while the other must provide his or her written acknowledgement or consent. It is therefore necessary to determine that each of the individuals is a parent and has custody of the child. The policy applies to all individuals, regardless of their marital status.

Determining parenthood can be difficult because the conditions that a person must meet to be considered a parent vary from province depending on the marital status (single, married, common-law, widowed, divorced, separated). Passport Canada requires documentary evidence showing both parents in every case, except in the most straightforward situation, that is, the applicant and the person who acknowledges the passport application form were married at the time of the birth of the child. This policy recognizes the presumptions in provincial law that a male person married to the mother of a child at the time of the birth of that child is the father of the child."

Having their father sign was a little easier for me, though, as they see him every other weekend. I just had him sign it at one of our pickups.

I also had to get new birth certificates for the two of them. Passport Canada suggested I get a long-form birth certificate for each of them, showing the parents information. And definitely take your custody papers with you when you go to the passport office. They read every line of every page of our agreement!

Good luck!!

11-18-2008, 04:20 PM
I have 2 kids from a previous relationship. I just had to renew their passports in Whitby and I had to bring in our court papers showing custody, access etc.

I had to write a letter stating that the divorce order was the only court document, that there are no other court orders regarding custody, access or mobility of the children. I had to state the last time he had contact with them. And I had to put his last known address even if we know he is no longer there. She had me put the last address that we lived in together back in 1998.

I have sole custody and guardianship and there is nothing written in the papers about visitation. I did not have his signature and didn't have to get it.

11-18-2008, 05:37 PM
I took my nephew (not the same as my own child, but similar type situation) to WDW last year. We needed his father, who has no custody what-so-ever and lives in Alberta, hasn't seen his son in years, to sign the passport AND send a letter authorizing that I could take him out of the country. I took copies of my sisters custody papers, the letters from both parents, and a copy of my sisters marriage certificate with me. It was stressful because it was in 06 when they were changing the passport into USA things and everyone was delayed with their passports. We actually only got my DNs passport AND the letter from his father DAYS before we were scheduled to leave.

KiKi Mouse
11-20-2008, 08:18 AM
I had to get DD#1s father to sign the passport application. I had to submit that along with a copy of our final divorce order.

11-20-2008, 12:23 PM
I just found it odd because I have sole custody thats all. I can make all his medical educational decisions..

Hes just one of those that if he finds out we are going on vacation my support will prob go down for a few months. It did after I bought a computer etc. because "obviously she doesnt need my support that badly"..

fun fun...
But I have wonderful kids so..:)

11-20-2008, 05:41 PM
ok i have a client who is taking her 21yo daughter, 12 yo son and 3yo grandosn. She is currently separated but not yet divorced or even in divorce proceedings. She needs passports for her son and grandson. Grandson should be no prob her other daughter (his mom) can sign all the paper work as well as his father right? then everything is good. now as for her son she will have to have her husband sign the passport docs and a letter??? am i correct?