Passport for Child of a Divorce

[ForeverDance]

We have been working with my DH's ex-wife to try to get DS12 a passport. We got the pictures done and filled out the forms (leaving her as the applicant) and she went in to get the passport. They told her at the office that she needed an "Order of Judgement" in order to get a passport for DS12. Well we have a divorce order but there was never any custody order. When the divorce went through the lawyer simply did up a letter outlining the agreement we have with DH's ex (showing we had DS12 more than 40% of the time). The judge determined that was "good enough" so we never had a custody order/agreement done up.

So now my question is, has anyone successfully gotten a passport for a child (of a previous relationship) without the order of judgement? Does anyone know if we have any other options?

 

[talicskai]

I could use some advice on this issue as well.....I am taking my kids DS10 & DD8 on the Magic in February. Everything is very amicable and we have joint custody but I am unsure as to what I need to take for the passport form. Should my ex-DH go with me when I apply?

 

[sweetascanbee]

I have gotten passports twice for my children, the first time was before they were required, but because I was remarried and my last name was different than my children I got the passport. Back then they put the minor children on the parents passport. My ex husband had to sign the "other parent" portion.

When it was time to renew the kids had to have their own, I sent them in with copies of the divorce agreement saying I had full custody and XDH had no parental rights, but they were rejected and I was forced to hunt him down and have him sign the forms again.

The judgement must be new, especially if the other parent is particpating willingly??

Becky

 

[drag n' fly]

Contact the lawyer who did the divorce and explain your situation. I have a divorce decree and a custody order. They are two seperate documents and are both required to apply for a passport. This is to protect the interests of the child in case one parent attempts to take another out of the country without permission. In my case I have sole custody of my kids and I am still always asked for both documents including my kids passports every time we cross the border. You will need both for any international travel.

 

[ForeverDance]

We have actually been in contact with the lawyer, but I think he is avoiding us because he told us we had that order but when DH went directly to the court they said there was none.

We were really hoping to do this without the order because doing up an order opens a whole new can of worms... right now we do not pay support because we have DS12 every weekend, the school holidays (March Break, Easter, etc.), two weeks in July, two weeks in August, and half of Christmas. We also pay half of any major expenses, medication, etc. We also buy him anything that he lets us know he needs (school supplies, clothes, etc.) This has worked out great for both parties (us and DH's ex). But a judge can say they don't like that and require us to pay support. I've heard some of the support payments some of the people DH knows are paying and they scare me

 

[drag n' fly]

We have actually been in contact with the lawyer, but I think he is avoiding us because he told us we had that order but when DH went directly to the court they said there was none.

We were really hoping to do this without the order because doing up an order opens a whole new can of worms... right now we do not pay support because we have DS12 every weekend, the school holidays (March Break, Easter, etc.), two weeks in July, two weeks in August, and half of Christmas. We also pay half of any major expenses, medication, etc. We also buy him anything that he lets us know he needs (school supplies, clothes, etc.) This has worked out great for both parties (us and DH's ex). But a judge can say they don't like that and require us to pay support. I've heard some of the support payments some of the people DH knows are paying and they scare me

Take the paperwork you do have and go see another lawyer. There are several issues that need addressing and you cannot cross the border without a custody order.

 

[ForeverDance]

Take the paperwork you do have and go see another lawyer. There are several issues that need addressing and you cannot cross the border without a custody order.

We have had no problems crossing the border previously with just DS's birth certificate and a signed letter from his mom saying it was okay to travel with him during that time. Likewise she has never had any problems crossing with the same documentation.

I ended up calling the passport office and they told me that we don't necessarily need an order. When a divorce is granted custody must be taken care of. In our case this was an agreement that was signed by both DH and his ex explaining the shared custody arrangement that they both agree to. All passport Canada wants to make sure is that no one is skipping the country with the child so they want to see proof of what the custody arrangements are. So all we should need is the Divorce Order and the "shared custody agreement".

 

[Charleyann]

I got my son's passport without a judges order/custody papers. I simply said there are NO court orders and there have never been a any court orders.

My ex signed the passport for DS and when I got to passport office they made me get a long copy of my DS birth certificate. That way they could match dad name and my name with papers!

I was very surprised it was that easy. We got the passport in 8 business days!

Good luck to you!

Charleyann

 

[snowy76]

Is there any provision to allow a passport when both parents show up together to process the application? I think that's allowed in the States - basically if they sign off on the application together with the passport office as witness, it's allowed to go through.

 

[yxe dad]

I took down everything I had, which was just the divorce papers, but needed the long form birth certificate as well!!! I don't think every passport office follows the same guidelines. I 'd just tell them that's all you have and take that letter with you saying you have them 40% or more.

 

[ForeverDance]

Thank you all for your responses.

DH and I figure his ex probably didn't take down the copy of the divorce with her and/or instead of explaining the situation with the custody agreement, she immediately assumed we had forgotten something and come back on us for it (just as a note we did check the section that declares there are no formal custody documents). DH is making arrangements to go down to the passport office with his ex next week. He will bring the copy of the divorce and the letter from the lawyer and explain to them if need be.

Thanks again.

 

[barkley]

since this is the canadian board thought i'de mention that the air canada website has information about traveling with minors to the u.s. and other foreign destinations. per that site in addition to a passport it's reccommended that you bring the child's birth certificate to show who both the parents are-and then if both parents listed are'nt traveling together with the kids you need verification of the legal right to take the kids out of the country (if one parent is deceased-their death certificate, if divorced or one parent traveling alone with kids-either custody order showing you have individual right-or notarized letter from other parent giving permission for that child to travel outside canada).

i know with my kids (u.s.) i can't take them out of the country alone without notarized letter from my husband (same would apply for him in my absence).

it's best to check the requirements on the government site for the country you live in-not just the req. for a passport, but the req. for allowing a child to exit that country or enter another.

and for those cruising-go with the official info. not any lesser standards you hear from a travel agent or the cruiseline. the cruiselines might have more lax policies than immigration has-and after personaly witnessing someone denied boarding for a disney cruise because they did'nt have the notarized letter from their ex for the kids-i can say the claims of 'they never check for it' that get posted on the disney cruiseline threads are very inaccurate.

 

[talicskai]

after personaly witnessing someone denied boarding for a disney cruise because they did'nt have the notarized letter from their ex for the kids-i can say the claims of 'they never check for it' that get posted on the disney cruiseline threads are very inaccurate.

Oh how heartbreaking

thanks for the heads up ~ Teresa