No custody agreement?

[Mizunderstood]

I have 2 children. DS who will be 7 when we travel and DD who will be 6. I currently do not have a custody order in place, will I be able to get passports/travel without his consent? I am in NB if that helps.

 

[bdoyledimou]

If you do not have a custody agreement, you should certainly get one.
You may be able to get out of Canada without a problem, but coming back can be a major issue, as you do not only require a passport/birth certificate, but a letter of consent to travel.

 

[bluenosemickey]

When I went to get passports for my kids by myself, they called my husband on the phone and asked him if he was aware that I was getting them. We were not separated or anything like that, just me alone getting the passports. My SIL was separated and had the same thing occur and she had made arrangements with her x to receive the phone call if it was made. It was and he went a head and OKd the passport.

This was in ns.

 

[Eveningsong]

Either parent can apply. Have both parents sign the application, and have the proper supporting documentation. There is a spot on the passport application that asks

Are there any separation agreements, court orders or legal proceedings pertaining to the custody or mobility of, or access to the child? You answer no.

If the parents were not married you will need the children(s) long form birth certificate, if the parents were married the wallet size birth certificate is accepted.

We have done this twice now for my four year old grandson. My grandson lives with his Mother (primary residence) and spends 1/2 his time with his Father (my son). My son has been the applicant both times for my grandson's passport.

 

[sjsjbrook]

I have some answers for you

1) the passport issue: If you can't get him to sign the passport, they have a form you can get, that you record when you asked him to sign the document and when he refused. It is a little tedious, but you can get one from the passport office. I have sole custody, but still needed his signature to get a passport, my sister's husband wouldn't sign which is how we found out about the form available at the passport office. No matter what you will need the long form of your child's birth certificate - it is stated right on the passport application form .

2) Not having an agreement yet - If you can get a letter from your ex signed that you have permission to take your children out of the country that would be best - though personally I have never been asked for any documentation beyond a passport for my daughter - we do have the same last name. Another option would be to have a lawyer draw up something for you, this is pricey though. (but you could have it dated for several years)

Finally I have taken my daughter out of the country 4 times, I have never been asked for my custody papers, we simply go through customs together.
My ex was asked for the letter while they were switching planes in the states, but they have different last names.


Coming back really isn't the issue, it is leaving the country and going through customs in the states. Coming back when you go through Canadian Customs they just want to see the passport and paper work.

I hope this helps you. Remember there are lots of us out there, who have to deal with this too.

 

[Eveningsong]

I have some answers for you

1) the passport issue: If you can't get him to sign the passport, they have a form you can get, that you record when you asked him to sign the document and when he refused. It is a little tedious, but you can get one from the passport office. I have sole custody, but still needed his signature to get a passport, my sister's husband wouldn't sign which is how we found out about the form available at the passport office. No matter what you will need the long form of your child's birth certificate - it is stated right on the passport application form .

2) Not having an agreement yet - If you can get a letter from your ex signed that you have permission to take your children out of the country that would be best - though personally I have never been asked for any documentation beyond a passport for my daughter - we do have the same last name. Another option would be to have a lawyer draw up something for you, this is pricey though. (but you could have it dated for several years)

Finally I have taken my daughter out of the country 4 times, I have never been asked for my custody papers, we simply go through customs together.
My ex was asked for the letter while they were switching planes in the states, but they have different last names.


Coming back really isn't the issue, it is leaving the country and going through customs in the states. Coming back when you go through Canadian Customs they just want to see the passport and paper work.

I hope this helps you. Remember there are lots of us out there, who have to deal with this too.[/QUOT

From the passport application

Both parents are requested to participate in obtaining passport services for their child and to sign the application form. The other parent may be contacted. To avoid possible delays, we strongly recommend that you provide a long-form birth certificate showing information on both parents.

 

[brighteyes]

I can tell you getting a passport for my DS was an absolute nightmare!!! Luckily the courthouse had ALL my documentation of ALL my court visits while I was trying to gain custody!! DS's father never showed.

I had to do an affidavit stating I had no idea where he was and what I had done to try to find him. Every time I went to court there was a new Order made in reference to trying to serve him with papers. I had to have ALL of that and they read through ALL of them at the passport place.

The commissioner for taking my oath said that since my final Order stating I had FULL custoday did not reference any access that I might have a problem getting the passport. I didn't reference access b/c he wasn't there to ask for it. So for the fifth time, I went back to the support office with ALL of this and finally got approved.

I also was told by the passport offfice to take copies of ALL my Orders in reference to Custody - even if they did not mention custody or access.

Never got questioned except at customs once we landed back in Kitchener. Just the usual, where we were, was it jusst the two of us, etc.

Then my DS launched into a whole story of how he has not seen his father in a long time cause he isn't real responsible and doesn't act like a grownup or pay hischild support. I just laughed and at the time he was 10 or 11. The guard thought it was hilarious but I had three copies of my Orders on me just in case. ne in my luggage, one on me, and one in my carry on.

I tend to lose things.

 

[brighteyes]

Oh yes, and I had the long form b/c as well!! have everything you can and what you don't have, have proper documentation showing/stating why you don't have it.

 

[Kat&Dom]

Finally I have taken my daughter out of the country 4 times, I have never been asked for my custody papers, we simply go through customs together.
My ex was asked for the letter while they were switching planes in the states, but they have different last names.


Coming back really isn't the issue, it is leaving the country and going through customs in the states. Coming back when you go through Canadian Customs they just want to see the passport and paper work.

I hope this helps you. Remember there are lots of us out there, who have to deal with this too.

This is not always the case - I have never been asked leaving Canada but 3/7 trips returning into Calgary and 1 trip into Edmonton, I was asked to show my Consent Order that shows that I have Sole Custody and can travel outside of Canada without written permission of my ex (When we were getting divorced, my biggest concern was sole custody and not having to ask for a letter every time we wanted to take a trip - they told me at the court house to put the travel clause into the Consent Order so that I would never need a letter from my ex).

I have the same last name as my son too. It is totally hit or miss on whether you will be asked.

The last time I went through Calgary, I asked the customs agent why I don't get asked leaving and he told me that they are more concerned about children entering Canada and they are checking to make sure they belong in Canada. I had thought the whole reason for the consent letters was to avoid parental abductions but apparently not.

 

[Northstar]

The last time I went through Calgary, I asked the customs agent why I don't get asked leaving and he told me that they are more concerned about children entering Canada and they are checking to make sure they belong in Canada. I had thought the whole reason for the consent letters was to avoid parental abductions but apparently not.

Actually, the whole reason IS the international conventions on child abduction.

The reason you're not asked leaving is because there is no "leaving" interview... you don't have to get permission from Canada to leave Canada.
The country you are entering is responsible for enforcing the international child abduction protocols. That country (I'm assuming the US?) is being lax.

 

[bdoyledimou]

My ex and i have split joint custody (50/50) of our children. We live 750 meters away from each other, and we still go out as a family (including my long term SO) many times a year. We get the travel letters done every trip.

Oddly enough, while I have never had an issue into or out of the country with the kids, she has been required to show her docs, and i have received calls 8 out of the last 10 trips!!

Her last trip they called both on exit and on return.

And i reiterate, that it is very important for you to seek a proper custody order. without one, there is NO "kidnapping" as the father and mother have equal access rights until the order is in place.

 

[Kat&Dom]

Actually, the whole reason IS the international conventions on child abduction.

The reason you're not asked leaving is because there is no "leaving" interview... you don't have to get permission from Canada to leave Canada.
The country you are entering is responsible for enforcing the international child abduction protocols. That country (I'm assuming the US?) is being lax.

Yes, you are correct - 7 trips were to United States and 1 trip to Dominican Republic. I would much prefer having to show my Consent Order going both ways so that I know my ex (who signed over Sole Custody to me) can not leave the country with my son without my permission. He would need a notorized letter from me but I don't require any letters from him because my Consent Order has a paragraph in it that states, I can travel outside of Canada without his written permission. I am so glad that I made sure that I had that paragraph added in because I never have to worry.