Going through case and my ex won't let me get a passport for our child: Advice?

Mamas, I need your help, please. I am going through a custody case of my kid, and my ex is creating hurdles at every step. I now have primary custody of my child, but he has refused to give consent for a passport for my kid. Can anyone who has gone through a similar situation guide me on what I can do in this regard? The case is already in court, but my solicitor isn’t much of a help.

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My husbands ex took him to court for the passport :upside_down_face: you will probably have to file a hearing if he won’t agree.

Straight to the judge. They will say you both have to sign paperwork for child. It the best interest of the child to have an ID either way. Then move on.

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I got a passport for my son without his dads permission. Just put my details down.

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Do you have sole parental responsibility? If so you don’t need the dads consent

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Sometimes the court won’t issue a grant for that if they think that either parent will try to use the passport to run away to another country with the child…

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My kids father refused to let our kid inside the childcare
I got a signature of the judge to bring her inside the childcare
Might be same for passports

Passports i believe need both signatures or a notarized form. I do not think there is any way around it unless the other parent has given up their rights. He may not want to sign for one thinking you’re a flight risk. You may think he is being unreasonable but in his mind he might be protecting his kids. :woman_shrugging:

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There is no way around a parent not wanting their child to leave the country.

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I wouldn’t allow a passport either. Hello. Don’t blame him at all. Sorry not sorry

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Both parent have to agree for a child to leave the country… Id NEVER ok it for my ex… Sry wait til theyre 18 mfer

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I was told if you have full or primary custody you don’t need the other parent signature to get a passport at least that’s what my office told me when I inquired

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Omg people with real id changes you have to have a passport to travel now from state to state starting next year for some stupid ass reason (no age doesnt matter). The judge can overrule that if he has no physical custody and you plan on taking the kid on family trips

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You can have a hearing to see if you can get sole legal custody then you won’t need him.

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Nope cant do it there is no reason to take your kid out the country because you can keep him over there

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You have to have a judge give the permission

My kids dad is in Canada and I would have to get his consent if they were to even get one to see him and even of the other parent is in prison you would still have to get their consent as well

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Sounds you and your ex are from different countries. That can be a real problem for child custody reasons. I think you should consider staying put in the country where you are if you can. This would would be best for your child who needs both their parents. You take them to a different country you would be eliminating their other parent from their life. Can’t coparent when you are that far apart. Your child has gone through enough change and loss. Don’t add to it.

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Y’all are some bitter ass women. Who’s to say she doesn’t want the passport just for a vacation? Unless she is deemed a “flight risk” then there should be no reason to not allow it. I would love for my child to see the world. being selfish and stopping that from happening, is beyond childish.

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:see_no_evil: I dont blame him for not wanting his child a passport. My ex barely got my permission to leave the state with my child. So I dont blame a parent for not okay with the idea of their child leaving the country

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Unless you’re a proven flight risk then I THINK a judge can/will sign off on something for you to have permission.

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Honestly I’m sorry a lot of you seem to be so against a parent taking a child on a vacation. Honestly he sounds bitter…per our court order an itinerary must be presented to the other parent 30 days prior to any trip and both sides must approve of the timeline of the trip and have access to speaking to the children whenever they are gone. My ex with my 3 youngest can be a giant pain in my butt, but I refuse to deny my children life experiences bc I don’t like my ex. If you would not return they if they have any rights with custody can actually file kidnapping charges.

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People tend to confuse Primary physical custody with legal custody. As long as dad has legal rights you cannot get your child a passport nor take your child out of the country without his consent. In most states you must give the other parent notice before leaving the state. There’s not much you can do as your going to have a hard time convincing a judge that a child who is under age needs a passport.

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It’s his kid too and if he doesn’t want the child travelling out of country you have zero right to go over his head. Have some respect for your child’s father. If he’s creating hurdles then he’s obviously not absent.

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all of you who say you wouldnt is sad . my ex wanted to take my kids on a cruise and i allowed him to get passports to its called compromise and coparenting :unamused:

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Too many parents have disappeared with their kids. Would you want him taking your child out of the country?

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How old is the child? I have teens I’d allow…but bet my husband wouldnt allow his ex to take their toddler out of the country.

Unless he is just being spiteful…like whats his reasoning? If she has more custody than the father, theres a reason HE doesnt. So if he doesnt have a reason for not letting her get the passport…:woman_shrugging:t2:
Courts will decide.

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They will make him sign in front of a judge eventually. After explaining that the reasons were unjustified for fearing safety when cars are more dangerous

Yea dont take your kids out of the country stay in the good ol usa spend yoir money here we need it

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Before you seek advice for this problem, ask yourself this first. What if he were the one wanting to take your child out of country without you? Would you be okay with that? That’s the real question.

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Once I was granted Primary custody of my Son in BC, I wasn’t required to even inform my ex that I was applying for a passport for our Son.

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The Fan question is very vague. Nothing is mentioned as to whether the parent wanting to get a passport has even got other parents permission to remove child from the country even for a holiday. Why would parent need a passport if they weren’t intending to take the child out of the country at any time, without consulting the other parent. Custody does not remove parents guardianship rights and responsibilities.

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I understand that you want a passport but think of it the other way around, what if he wanted a passport but you were afraid because he is not from the same country that you currently live in and that means he is a flight risk🤷🏻‍♀️

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From my past experience I was able to get passports for my 3 kids. I will say eventually their dad agreed (knowing I’d go to court) and signed off on it but the next step was going in front of a judge.

With that said, I was not in an active custody battle. We were already divorced and I was taking kids on vacation. I’m not sure how easily a judge would grant permission without ex while in an active case

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You don’t need his permission.

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It wouldn’t let me post a photo in the comments but it is written in our court papers that neither party can deny a passport. In fact, once the request has been received the other party has only 10 days to sign. And the parent traveling with the children basically has to provide the itinerary for the trip.

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Hey! I bet some women of my single mom group have some advice for you! We’ve got 10.8k members…surely a few of them can help!

You most probably won’t be able to get one without his signature. You also by law take them out of the country without his permission.

Y’all have clearly never been in a custody battle with someone who just wants to control everything… It’s very common for the other parent to deny their signature just because they like being a pain in the @$$. High conflict co-parents make co-parenting a b!tch. It is only acceptable when it is their idea!

OP, you may have to wait for your next court date to bring this up with the judge. In the mean time I’d try researching your state laws about it all. Lawyers will sometimes do free/cheap consultations over the phone so maybe give a few a call? Good luck!

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Not knowing the whole story but why is he worried?? Have you given him reason to worry? Have you made any comment that he might worry? Going thru a custody fight I would not want my “ex” to leave with my child either. How would you feel if he wanted to take child on “vacation” somewhere he needed a passport?? Would you be ok with it?

Unless there was something in writing stating you are coming back I wouldnt :woman_shrugging:
Hes probably thinking you wont return with them.

But I mean how well do you two get along? Cuz that would make a huge difference too.

There’s a special form you can complete in addition to apply without their consent. Passport office will investigate and determine outcome. Takes longer and costs a little more. I’ve gotten a passport for my son, but his father was not in the picture and previous dv, safety of self and child cited as reason not to contact him. Case by case

Normally I would say that you should be allowed to travel with your child if he doesn’t think you would kidnap them (not saying you would but it really depends on your coparenting relationship) but we are in the middle of a pandemic… i wouldn’t let my ex travel with my kid either. He had no issues letting me take our daughter to Florida a few years ago but different circumstances right now

Check with your local laws please. You referred to your lawyer as a solicitor, makes me think maybe you’re not in the US or not from here and those things could cause the advice you’re given to be wrong or vary, because we can only speak from experience here . Either way, if your lawyer isn’t helping, talk to another one maybe for an answer, and good luck to you!

I think I applied and sent a copy of the parenting agreement showing that I had primary custody. In the event we did travel - he agreed to sign off paper work to allow them to travel.