Getting Passport for Underaged Child when Ex-Spouse is being Uncooperative

[Annefran]

I have to renew my DD passport before our next cruise in Dec 07. Her current passport expires in mid-Nov. I am NOT taking any chances. I'm going to get the paperwork as soon as she is out of school next month. My understanding that her Dad doesn't have to be present because she's over 14. I think if the child is 13 and under the parent has to be present unless there are extenuating circumstances (parent not in child's life etc). Thanks for all the info that I learned on here everyone. Happy Cruising!

[improvgirl]

An interesting legal theory. Any lawyers care to comment?

 

I am pretty much under the impression that a parent CAN make decisions for their child "Just because."

 

Obviously it would be subject to the terms of the custody order. But if he has joint custody or even visitation, I bet he can refuse to let her leave the country.

 

Lawsuits are made of much less ...

 

Courts normally see this "just because" reason as "abuse of legal custody". It can result in the refusing parent being forced to pay the applying parent attorney fees, being fined, or losing their rights to legal custody, because they are seen as interfering with the other parents' custody or parenting time rights.

 

Unless there is some reason that the non-traveling parent has to deny permission to travel, (verifiable flight risk - like foreign citizenship or home base, dangerous travel plans, health risks to the child, former history of contempt of court orders on the part of the traveling parent), courts throughout the country order parents to give their co-parents permissions necessary to travel abroad with their child during their own parenting time.

 

It is family courts' trend and desire in this decade to allow both parents reasonable access to the child and to allow both parents to be decision makers, regardless of who has legal or physical custody. Parents who interfere with the others' access or decision-making with regard to the child for no good reason (and sometimes even with good reason) are typically treated quite harshly by judges.

 

There is a recent case in St. Louis where a custodial mother was even sentenced to jail for contempt of court for not giving a non-custodial father permission to take their child on a cruise during what was the father's regularly scheduled summer parenting time. In my state (IN), a mother was recently fined many thousands of dollars for preventing the non-custodial father from taking his summer parenting time with their children in Europe, despite the fact that one of the children had health issues which led to the mother's denial of the trip.

 

Divorced parents cannot just continually screw with one another through their kids because they want to.

 

I work at a law firm where we always advise our family law clients to ask themselves, "what would you want if you were the other parent?", then give it to them in an Agreed Entry, and if the other parent still refuses to cooperate, that makes that parent look like an ass in front of the judge.

 

For instance, if you are seeking permission for a passport for your child, you might enter something with the court and signed by both of you that stipulates restrictions on dangerous travel, innoculations, registration with the US Embassy of the trip, where the passport will be kept, and other items that would make you feel better should the shoe be on the other foot. There are two reasons for this: #1 if you are getting a passport for your kid or permission to travel abroad, the bottom line is your ex might want to do the same thing someday and you couldn't very well refuse him/her; and #2 - you will come out smelling like a rose should the matter have to go to court.

 

As always, please consult legal counsel in your area in any matters where your dissolution/custody agreements are at issue, or your child's status might be in question. All circumstances are individual and of course no one can predict exactly what a judge might do.

 

I hope this helps all who have uncooperative co-parents and legal questions about it.