Applying for your child’s passport
November 1, 2009 at 5:49 pm 11 comments
I learned an important lesson the other day while applying for my youngest child’s passport – how frustrating it can be if specific language about this issue is not incorporated into your parenting plan.
The government has tightened up their requirements for passport applications for a divorced couple. They want to ensure which parent is allowed to apply for the passport, how custody is shared, and so on. It’s an important precaution. So, in an effort to move through this application process as easily as possible, incorporate a clause into the parenting plan which specifically states details about how your child’s passport should be obtained – who has responsibility, custody etc.
Entry filed under: best interests of the children, children, Children's passports, custody and access, parenting, parenting plan, the children's best interest. Tags: .
1.
Jacquie | November 7, 2009 at 12:21 am
I was divorced in 2001. My divorce papers state that I alone can apply for my child’s passport. In 2008, the US laws changed regarding children’s passports; stating both parents have to be present. Will my divorce decree be “grandfathered” in as being acceptable?
2.
The Smart Divorce | November 7, 2009 at 5:35 am
You ask an excellent question. However, it is best answered by legal counsel. If possible, I suggest that you go back to the lawyer that drafted your agreement, and ask this very question.
3.
neda | November 10, 2009 at 1:04 am
hi
hope u doing very well,im 34 year old woman from iran fell in love with 46 australian man, we talking on net for a year and then we met in thiland for 2 months and then travel to nepal together for another month and he asked me to marry him i said yes, now we are both back to our countries and doing the visa work so we be able to marry in asutralia and live together,we have much in common and i realy love him , he is honest , kind , spritual ,down to earth …..etc many many good qualities which im happy i found him in this life , there is a problem which i hope u could help me to solve please,
my fiance, he was married before and his wife left him with 2 kids and choosed another man to live, his kids are 20 now and 10 years passed from the time he divorced, his first girlfriend also left him,after his marriage he got another girlfriend 5 years ago that she lefthim as well, all these gave him a fears of rejections and made him to go to his shell time by time, he loves me alott now and he is so much commited to our relation now as i saw manythings by now im sure he loves me alot, but the first month we were together in thiland we been in resturant some discussion happened i was upset i was quiet and wanted some time to make myself calm to repy him suddenlty he got so angry and told me thats rude to be quiete and he stands for leaving the restuarnt, payed the bill while i was between my meal and it was my birthday , he asked are u coming i said no u could leave ( i was angry too) he sat tried to solve but i was feeling insulted so we got back hotel he start packing to leave me , when he saw im not trying to stop him he came seat next to me and i saw tears in his eyes so i hould him and he cried and we passed that night , the day after i tried to talk to him to get the point thats not happen again , i asked him never do that unless he dont lean it , we could be angry or discuss but that dosent mean i dont ove him ,he said about his fears or rejections again , i tried to help by undrestanding his fears , so he promised it wonthappen again that he pack or wak away , again 2 months latter we been in nepal in resturant some thing else came up , some thing very small and easy to solve , he again stand up this time kissed me and told me i love u but i need to get some space and left me between the meal at 9 pm in resturant, i was so shoked and hurt , i went for walk he came later and found me but i was more angry to solve things that time , so we went back to hotel had another fight , his words made things even worse he was telling that its common in other culture to walk away when u are angry and later come to solve , but i was thinking that its insulting in any culture, so again he packed in midnight and said can i stay and leave in moring that was too much for me and made me so mad , i said its ok , after he packed compleatly he again came to solve things , i told him that he is gone for me , he was insisting that he dident leave , but for me he was gone, anyway after that all these things he proposed and i acceped i love him alotttt , but today i felt still that dident solve for me , he could walk away anytime , and this time i would be alone in strange country australia , so i was brought up this subject again hoping to get another confirmation that wont happen again , he said again thats common things hapen in relation and need to work , is this really common ? icant tolarate that its ruin my trust and it hurt as i know that he did that also some times in his last relation and she went ake him back again , i afraid if that happen again , am i wrong ?if not how can i make him undrestand my pints ? how can i help him to get over this rejections fears , thats makes him to not be able to solve things he just try runway cause he thinks he is not good enough that feelings wont let him undrestands my feelings, how can u help him ? what should i do in this point , marry him ? i still love him alottt he has many many good qualities also and i know he loves me alottt, i just want a away to make him undrestand and help him and myself , how he could learn the power of discussion and solving ? please help me , im waiting
with much love and respect
neda
4.
The Smart Divorce | November 10, 2009 at 1:50 am
You have many relationship issues that require significant discussion and introspection. For your relationship to truly work in the long term, I suggest that you resolve these problems before you make a commitment to move forward. Perhaps talking it through with a therapist will give you the clarity you need, so that you can do what is in your best interest, and not compromise your well being.
5.
neda | November 10, 2009 at 8:30 am
thank u
6.
Lisa | November 19, 2009 at 6:27 am
Domestic Violence Victim. Child out of wedlock from relationship. Abusive party has no relationship with child, nor does he want to & neither does his family. (This is not a bad thing & happy that it is just so) However, Child support is paid forced by the courts. Protection via programs from State to keep address confidential & safe housing. Work & life changes for self & brighter future for myself & daughter will require travel in & out of the US. A passport is needed for child who is under 16. Sole custody was not pursued by attorneys during Child Support case due to avoiding opening the door to visitation. However, for me to get a passport for my daughter, documentation of sole custody or permission granted by absent abusive party maybe required due to 2001 passport rules. Child was born in 2001. Is there any way that my DV status & State Protection Program issue can be used to obtain a Passport for my minor child without the courts contacting the other abusive party for permission? Just to prevent my travel w/her for work & other inside & outside the US, I know this abusive party so well that if court were to ask him to sign permission he possibly would deny it just to be spiteful. Does DV status hold any ground for obtaining a passport for my daughter? I’m not moving out of the country just need from time to time to travel outside the country & leaving my daughter behind to do so isn’t a safe or good idea. Any suggestions or information I can’t seem to find before having to deal with court & opening door that could jeopardize our safety just to get permission from someone the last 9 yrs wants nothing to do with child & courts have to force him to pay CS?
7.
The Smart Divorce | November 19, 2009 at 4:45 pm
You have a very complicated situation, and you don’t want to put yourself, or your child at risk. I applaud how you have moved on and are trying to make a brighter future for your and your daughter. I think it would be best to go back to the lawyer you used previously, for advice on how to best handle this issue. After all, this lawyer recommended that you not seek sole custody. Are there some decisions you need to make, that are going to pose a problem in the future? Do you have a restraining order, because of the domestic violence? Perhaps this would be helpful as well when putting your issue forward to the lawyer, and sorting all of your questions.
8.
Lisa | November 20, 2009 at 3:33 am
Problem is the lawyer that helped me can’t anymore. Was granted to me at the time of help through DV shelter for safety. BUSH has since cut that program of attorney help. Courts won’t grant me an attorney I have to fend for myself or pay out of pocket for a lawyer. Funds I don’t have. Stinks he gets an attorney by lying that the abusive party can not afford one & can. Courts grant him one because they can be sued if he is up for incarceration & not legally represented. I just don’t want to have the courts have to ask him for permission when I know that this abusive person will deny it just to spite me. Thus keeping my daughter here in the US when the travel outside the country is periodically but not ever permanent. I don’t want to live in another country just will have to travel. Most the time will be unable since still a single mother to leave my 9 yr old at home with anyone. So I need a passport for her.
It’s only been two years that we have been the safest & free of any worries. However, no restraining order anymore it expired. Restraining order only extend for 3 yrs. Then we’re on our own via protection programs for safety as well as watching what I do that could leak our safe housing. Courts don’t always protect that information with to many people not knowing any better. Someone has always leaked it. Can’t get another restraining order unless he attempts to hurt us again. Tell me the system works properly like it should, it doesn’t. I’m trying to go on with my life besides the hoops, doors & walls I have to deal with for safety while he lives his life normally. Yet, for a passport I need his permission?? How is that right? Reason I was wondering if there was any clause, rule or regulations within obtaining a minors passport that would prevent the courts from asking his permission and grant what ever permission via court document to allow the passport. Yes? No?
9.
Davey | April 2, 2010 at 5:46 pm
Hi,
In our parenting agreement it states that all children’s passports must be kept in a 2 key safety deposit box with each parent having to be present to remove the passports. The children’s passports are now coming up for renewal and I have found out that she has applied and received replacement birth certificates. Where does the law stand on a divorced parent with joint custody renewing children’s passports?
Davey
10.
The Smart Divorce | April 12, 2010 at 1:52 am
Hi Davey,
You ask a very good question. However, it is best answered by legal counsel. And, if your children’s mother is not abiding by the agreement, it is best to take care of this through your lawyer.
Deborah
11.
The Smart Divorce | April 12, 2010 at 2:06 am
Hello Davey,
You ask a very good question, however best answered by a family law lawyer. If your children’s mother is not abiding to the parenting agreement it is best resolved through legal counsel.
If you feel that there are outstanding issues that need to be resolved, perhaps you might consider working with a parenting coordinator — you certainly want to avoid an all out battle, and want to create an environment where you can co-parent effectively and in your children’s best interest.
Deborah