child passport question

[albertamommyof4]

When we all got our passports my youngest was under 3 so he only got the 3 year one. Well it is about to expire and we are planning a trip to disney for either this dec or next. well me and my husband have since seperated, will be 1 year in June. we are not legally seperated or have any papers drawn up yet, he hasn't even changed his address. The only prrof i would have is filling as seperated for child tax credit. How do we prove that we are seperated or do we just fill out the form as not since nothing legal,or should i get something legal drawn up? also i know we are supposed to fill out a form saying i can take them out of country, do i still have to have him sign hti if i file and recieve sole custody and he has no desegnated visitation?
Thanks

ETA: i also have 3 other children and there passports aren't expired for 2 more years

 

[Mickey1Fan]

If it were me, I would check with the experts at my closest Passport office.

 

[Celidh]

My H and I are separated, have been for 6 years. Neither of us have any desire to remarry and can't afford the paperwork part of the divorce.

We have three children. I applied for their passports last year. He signed them and the passport office called him to ask if he was aware etc. We just each put our own addresses on the form. There was no problem. The only documentation we have is a separation agreement. I forget if they asked for it or not.

When I went to Florida I had a travel authorization signed by him. One for each child stating where we were going, how long we would be there and it also had his name, address and phone number on it. It also gave me authorization for any medical treatment. It is pretty standard. I typed it myself but I am a legal assistant. I had him get it notarized when he signed it. Even if you aren't separated, many people get a travel authorization from the other parent anyway if only one of them are travelling so there is no question that you have permission to travel with the kids.

I'm sure you could find an example online. I took all my paperwork with me when we travelled just to be safe. Better to have too much documentation than not enough and get held up at the border.

Strangely enough, I wasn't asked for anything going to the US, it was the Canadian border guard that asked us coming back into Canada. I offered him my travel consent but he said no and chose to talk to the kids instead. He said that usually they do that if the kids are old enough to hold a proper conversation. My kids are 14, 12 and 8 though, not the same as a three year old.

Here is the link to the Government of Canada website. It has information and a sample letter form you may find helpful.

http://www.voyage.gc.ca/preparation_information/consent-letter_lettre-consentement-eng

Good luck!

 

[tammylk]

I was wondering the same thing. It says they require a divorce certificate, more money of course. I just had to order long form birth certificates since the reg ones are not good enough. I wonder if their dad just signs the papers if that is good enough.

 

[albertamommyof4]

My H and I are separated, have been for 6 years. Neither of us have any desire to remarry and can't afford the paperwork part of the divorce.

We have three children. I applied for their passports last year. He signed them and the passport office called him to ask if he was aware etc. We just each put our own addresses on the form. There was no problem. The only documentation we have is a separation agreement. I forget if they asked for it or not.

When I went to Florida I had a travel authorization signed by him. One for each child stating where we were going, how long we would be there and it also had his name, address and phone number on it. It also gave me authorization for any medical treatment. It is pretty standard. I typed it myself but I am a legal assistant. I had him get it notarized when he signed it. Even if you aren't separated, many people get a travel authorization from the other parent anyway if only one of them are travelling so there is no question that you have permission to travel with the kids.

I'm sure you could find an example online. I took all my paperwork with me when we travelled just to be safe. Better to have too much documentation than not enough and get held up at the border.

Strangely enough, I wasn't asked for anything going to the US, it was the Canadian border guard that asked us coming back into Canada. I offered him my travel consent but he said no and chose to talk to the kids instead. He said that usually they do that if the kids are old enough to hold a proper conversation. My kids are 14, 12 and 8 though, not the same as a three year old.

Here is the link to the Government of Canada website. It has information and a sample letter form you may find helpful.

http://www.voyage.gc.ca/preparation_information/consent-letter_lettre-consentement-eng

Good luck!

Thank you so much for the info, i was wondering what is a seperation agreement? and do you have to see a lawyer for it?
Thanks

 

[albertamommyof4]

i just got off the phone with them and i thought i would share what they said.
They told me that since there is no legal documents from the court i have to but seperated but put no where they ask about custody issues etc in section 2. I have to get him to fill out his info and sign and me sign and my info. I also have to send in the passport as expired and his regular birth certificate( don't need long as sending in passport and also because i was married to his father at birth. also have to send in his 2 photos and then get stuff signed by the guarantor. She said that if there is no actual court documents( that is what they look for) then it don;t matter. Now hopefully he will sign it and when it gets closer to a trip then i hope he signs the letters of permission for me to take them across the border.Unless we are divorced or legally seperated by then etc

 

[Celidh]

Thank you so much for the info, i was wondering what is a seperation agreement? and do you have to see a lawyer for it?
Thanks

In my experience people do a separation agreement when they need to deal with issues regarding property division, access and finances etc. before they can be divorced. My ex and i had to do one because the bank wouldn't take my name off the mortgage without it. It would be a good idea to have it done by a lawyer, that way you know it is done right and the wording is right. Some people have the Separation Agreement done when they first separate to deal with the above issues since in Nova Scotia you have to be separated a for a year before you can be divorced so you do the separation agreement and that forms part of your divorce documents. I don't know about the rest of the country. Even if you aren't getting a lawyer, if you have any questions that need answered, it can be beneficial to pay for an hour's consult just to set your mind at ease.

If it wasn't for the bank, I doubt we would have done the agreement. We didn't have problems sorting things out with respect to money, custody, access and splitting our stuff. We have been separated for 6 years and we have a pretty good relationship now but it has been a tough road. Seeing separations and divorces every day at work, it amazes me what people fight over, how small minded they get because they are mad and bitter and how often the kids end up in the middle. Not that we never did that, I'm sure everyone who separates gets a bit irrational at some point but it amazes and sickens me how much stupidity and selfishness I see.

I hope things go well and you don't have any big hassle getting this done.

 

[albertamommyof4]

In my experience people do a separation agreement when they need to deal with issues regarding property division, access and finances etc. before they can be divorced. My ex and i had to do one because the bank wouldn't take my name off the mortgage without it. It would be a good idea to have it done by a lawyer, that way you know it is done right and the wording is right. Some people have the Separation Agreement done when they first separate to deal with the above issues since in Nova Scotia you have to be separated a for a year before you can be divorced so you do the separation agreement and that forms part of your divorce documents. I don't know about the rest of the country. Even if you aren't getting a lawyer, if you have any questions that need answered, it can be beneficial to pay for an hour's consult just to set your mind at ease.

If it wasn't for the bank, I doubt we would have done the agreement. We didn't have problems sorting things out with respect to money, custody, access and splitting our stuff. We have been separated for 6 years and we have a pretty good relationship now but it has been a tough road. Seeing separations and divorces every day at work, it amazes me what people fight over, how small minded they get because they are mad and bitter and how often the kids end up in the middle. Not that we never did that, I'm sure everyone who separates gets a bit irrational at some point but it amazes and sickens me how much stupidity and selfishness I see.

I hope things go well and you don't have any big hassle getting this done.

Thannks so much for the info. I think i will be contacting a lawyer and asksome questions. My ex is already being a big hassle as he might not sign the passport papers, if this is the case now fat chance that i will get the traveling documents signed by him. sucks as he doesn't even make much effort with the kids grrrrr. i am wondering if i can send passport application in without him signing it and just send a letter stating everything and then the passport office can contact( i may just have to seomthing legal, do you know if you have sole custody of the kids if you still have to have him sign the passport forms and also the travel without 1 parent document

 

[Celidh]

Thannks so much for the info. I think i will be contacting a lawyer and asksome questions. My ex is already being a big hassle as he might not sign the passport papers, if this is the case now fat chance that i will get the traveling documents signed by him. sucks as he doesn't even make much effort with the kids grrrrr. i am wondering if i can send passport application in without him signing it and just send a letter stating everything and then the passport office can contact( i may just have to seomthing legal, do you know if you have sole custody of the kids if you still have to have him sign the passport forms and also the travel without 1 parent document

Not sure about that. That would be a question best answered by a lawyer. I would think the only way it was possible to not have his signature is if you had a Court order stating that you had sole custody of the kids with sole decision making power. I really have no idea on that though. It would be a sin if you had to go to Court to be able to take your kids on vacation. If you were to end up in Court, I would have the papers ready the day you go so if a judge ordered it, they can be signed there that day because even if it is Court ordered that he has to sign the papers or if it were to go ahead by agreement, it still doesn't mean he will do it after the fact and it would take a while to get it enforced.

Like I said, even though it may seem like a lot of money, a lot of questions can only be answered by a lawyer in your own area. Different provinces have different rules about family law. Maybe you can find a lawyer who gives a free consult or depending on your job, some employers have a plan that will allow you to have a free consultation. You could check that out if money is an issue. I know here, in the law office I work in, the family lawyer's hourly rates range from $150/per hour for a jr lawyer up to almost $300.00/hour for the senior one.

 

[albertamommyof4]

Not sure about that. That would be a question best answered by a lawyer. I would think the only way it was possible to not have his signature is if you had a Court order stating that you had sole custody of the kids with sole decision making power. I really have no idea on that though. It would be a sin if you had to go to Court to be able to take your kids on vacation. If you were to end up in Court, I would have the papers ready the day you go so if a judge ordered it, they can be signed there that day because even if it is Court ordered that he has to sign the papers or if it were to go ahead by agreement, it still doesn't mean he will do it after the fact and it would take a while to get it enforced.

Like I said, even though it may seem like a lot of money, a lot of questions can only be answered by a lawyer in your own area. Different provinces have different rules about family law. Maybe you can find a lawyer who gives a free consult or depending on your job, some employers have a plan that will allow you to have a free consultation. You could check that out if money is an issue. I know here, in the law office I work in, the family lawyer's hourly rates range from $150/per hour for a jr lawyer up to almost $300.00/hour for the senior one.

Thanks so much. Ouch on the price but you know what it would be so worth it. I sure hope i don't have to go to court over taking the kids on a vacation, it is so not fair to the kids.

 

[Celidh]

Thanks so much. Ouch on the price but you know what it would be so worth it. I sure hope i don't have to go to court over taking the kids on a vacation, it is so not fair to the kids.

You're right, it's not fair to the kids. Try as much as possible to keep them out of the stuff that is going on between you and your ex. It is amazing how much they hear when you don't think they are listening. I know it is hard sometimes to keep my comments to myself and not say anything to the kids when I think their dad is being an idiot! They think their dad is awesome (don't get me wrong, he is a good guy and has their best interests at heart but sometimes I think his head is screwed on sideways!) and i want to keep it that way.

I don't know what your financial situation is, but if you are a lower income earner, you could also check into Legal Aid.

Hang in there. From my experience, it is really rough in the beginning but if both parties try to get along, it is much easier. My ex was very, very bitter in the beginning and it was not pretty. I was the one who wanted to leave and he didn't want that to happen. It has been 6 years and we get along fairly well. We still have disagreements and get mad at each other but it is better.

Like I said, hang in there and be there for your kids.

 

[albertamommyof4]

You're right, it's not fair to the kids. Try as much as possible to keep them out of the stuff that is going on between you and your ex. It is amazing how much they hear when you don't think they are listening. I know it is hard sometimes to keep my comments to myself and not say anything to the kids when I think their dad is being an idiot! They think their dad is awesome (don't get me wrong, he is a good guy and has their best interests at heart but sometimes I think his head is screwed on sideways!) and i want to keep it that way.

I don't know what your financial situation is, but if you are a lower income earner, you could also check into Legal Aid.

Hang in there. From my experience, it is really rough in the beginning but if both parties try to get along, it is much easier. My ex was very, very bitter in the beginning and it was not pretty. I was the one who wanted to leave and he didn't want that to happen. It has been 6 years and we get along fairly well. We still have disagreements and get mad at each other but it is better.

Like I said, hang in there and be there for your kids.

Thanks so much. I have no incomee as i am a stay at home mom and dont work( i get this thrown in my face a little to much lately from him). We share same account so i just take what i need( no set amount). I will definatly looking into legal aid. I hope one day he starts to wake up and realize the damage he is doing to his kids by acting like this. I try so hard telling them that he does love them etc( even though the kids say he doesn't and he never shows it in anyway) i so appreciate your help

 

[Celidh]

It's hard seeing your kids hurt by someone's actions and you have no power to control it. My ex has a bad habit of doing stupid things. All in all he's ok but sometimes I'd like to kick him square in the butt. Like this weekend the kids were at his house for Easter. One of the things I suggested he get them was a book because each child wanted a specific book in a series. After the Easter bunny came he told our daughter (who still believed in the Easter bunny) that he hoped he picked the right book because he didn't know which one to get! So now, she knows there is no Easter bunny. She is the youngest and I wanted to keep her that way. At least she wasn't upset.

Hang in there and remember that you will get through it, even if it seems like a long and impossible road. Keep in mind that you need to have the best interests of your children in mind during this and also that you need to look after yourself. You can't leave you out of the equation and remember, you can't change other people. Also, as a stay at home mom, you do as much or more than he does I would imagine. If it wasn't for you staying home with the kids, he wouldn't be able to go out and work and it would cost money to pay a sitter. You are valuable and don't let anyone else tell you otherwise. There are many different options to help you out. You may want to see about setting up an account solely in your name at some point if things get serious and start to progress. Check into different agencys are available to you that can help women out starting on their own if it comes down to that. I'm not sure what the options are in your area. You can always pm me if you like.

Take care.