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Can my ex stop me from getting my child a passport?
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Can my ex stop me from getting my child a passport?

I am the Legal Guardian and have sole custody. The ex boyfriend has had no contact for over 18months, therefore no contact order either. However he does have parental responsibility. I do not even know where he lives. (similar question asked by me in Family section - reworded)







roundater
hope this helps: Special Requirements for Children Under Age 14 Minor Children must Apply in Person All children regardless of age (including newborns and infants) must have their own passport. For application requirements for children ages 14-17, see instructions for First Time applicants. 1. Provide Application Form DS-11 * To download an application form, please click here. * Or, forms can be obtained from any passport agency or acceptance facility. (Call to check hours of availability.) * Many travel agents stock application forms for their clients as well. NOTE: Please do NOT sign the DS-11 application form until the Passport Acceptance Agent instructs you to do so. 2. Submit Proof of U.S. Citizenship (for minors under age 14) For Minors under Age 14 you must establish proof of citizenship AND proof of relationship. Previous U.S. passports are not acceptable as proof of relationship to the applying parent(s)/guardian(s). See number 3 below for proof of relationship. All documents submitted with the application as evidence of U.S. citizenship will be returned with the issued passport. See Processing Times. For proof of citizenship, you will need to submit one of the following: * Certified U.S. birth certificate ; or * Previous fully valid U.S. Passport; or * Report of Birth Abroad (Form FS-240); or * Certification of Birth Abroad (Form DS-1350); or * Certificate of Citizenship or Naturalization from BCIS. NOTE: A certified birth certificate has a registrar's raised, embossed, Impressed or multicolored seal, registrar's signature, and the Date the certificate was filed with the registrar's office, which must be within 1 year of your birth A Delayed Birth Certificate filed more than one year after your birth may be acceptable if it: * Listed the documentation used to create it and * Signed by the attending physician or midwife, or, lists an affidavit signed by the parents, or shows early public records. If you do NOT have a previous U.S. passport or a certified birth certificate, you will need : 1. Letter of No Record Issued by the state with your name, date of birth, which years were searched for a birth record and that there is no birth certificate on file for you. 2. AND as many of the following as possible: * Baptismal certificate * Hospital birth certificate * Census record * Early school record * Family bible record * Doctor's record of post-natal care NOTES: * These documents must be early public records showing the date and place of birth, preferably created within the first five years of your life. * You may also submit an Affidavit of Birth, form DS-10A, from an older blood relative, i.e., a parent, aunt, uncle, sibling, who has personal knowledge of your birth. It must be notarized or have the seal and signature of the acceptance agent. NOTE: The following are NOT proof of citizenship * Voter registration cards * Army discharge papers Click here for information on the Child Citizenship Act of 2000 NOTE: If you travel extensively, you may request a larger, 48-page passport at no additional cost. To do so, please attach a signed request for a 48-page passport to your application. 3. Present Evidence of Child's Relationship to Parents/Guardians (for minors under age 14) Note: Previous U.S. passports are not acceptable as proof of relationship to the applying parent(s)/guardian(s). You will need to submit one of the following: * Certified U.S. birth certificate (with parents' names); or * Certified Foreign Birth Certificate (with parents' names and translation, if necessary); or * Report of Birth Abroad (Form FS-240) (with parents' names); or * Certification of Birth Abroad ( Form DS-1350) (with parents' names); or * Adoption Decree ( with adopting parents' names); or * Court Order Establishing Custody; or * Court Order Establishing Guardianship. NOTE: If the parent(s)'/guardian's name(s) is/are other than that on these documents, evidence of legal name change is required. 4. Provide Parental Identification (for minors under age 14) Each parent or guardian must submit one of the following: * Valid Drivers License * Valid Official U.S. Military ID * Valid U.S. Gov't ID * Valid U.S. or Foreign Passport with recognizable photo * Naturalization/Citizenship Certificate from BCIS with recognizable photo * Alien Resident Card from BCIS NOTE: Your Social Security Card does NOT prove your identity . If none of these are available , you will need: 1. Some signature documents, not acceptable alone as ID (ex: a combination of documents, such as your Social Security card, credit card, bank card, library card, etc.) AND 2. A person who can vouch for you. He/she must * Have known you for at least 2 years, * Be a U.S. citizen or permanent resident, * Have valid ID, and * Fill out a Form DS-71 in the presence of a passport agent. 5. Present Parental Application Permission Documentation (for minors under age 14) 1. Both parents must appear together and sign or 2. One parent appears, signs, and submits second parent's notarized statement of consent authorizing passport issuance for the child (a notarized Form DS-3053, Statement of Consent: Issuance of a Passport to a Minor Under Age 14 , or a notarized written statement with the same information on a sheet of paper from the non-appearing parent) or 3. One parents appears, signs, and submits primary evidence of sole authority to apply (such as one of the following): * Child's certified U.S. or foreign birth certificate (with translation, if necessary) listing only applying parent; or * Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent; or * Court order granting sole custody to the applying parent (unless child's travel is restricted by that order); or * Adoption decree (if applying parents is sole adopting parent); or * Court order specifically permitting applying parent's or guardian's travel with the child; or * Judicial declaration of incompetence of non-applying parent; or * Death certificate of non-applying parent. If none of the above documentation is available, the applying parent/guardian should submit a Form DS-3053: Statement of Consent: Issuance of a Passport to a Minor Under Age 14 . NOTE: A third-party in loco parentis applying on behalf of a minor under the age of 14 must submit a notarized written statement or affidavit from both parents or guardians authorizing a third-party to apply for a passport. When the statement or affidavit is from only one parent/guardian, the third-party must present evidence of sole custody of the authorizing parent/guardian. 6. Provide Two Passport Photos Your photographs must be : * 2x2 inches in size * Identical * Taken within the past 6 months, showing current appearance * Color * Full face, front view with a plain white or off-white background * Between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the head * Taken in normal street attire * Uniforms should not be worn in photographs. * Do not wear a hat or headgear that obscures the hair or hairline unless worn daily for religious purposes. * If you normally wear prescription glasses, a hearing device, wig or similar articles, they should be worn for your picture. * Dark glasses or nonprescription glasses with tinted lenses are not acceptable unless you need them for medical reasons. A medical certificate may be required. Click here for information on acceptable digitized photos. Click here for detailed information for professional photographers. NOTE: Vending machine photos are not generally acceptable 7. Pay the Applicable Fee Click here to see passport fees. Methods of Payment - At Our 14 Passport Agencies - Both fees and the surcharge are combined into one payment to the ''U.S. Department of State'': * Credit Cards – VISA, MasterCard, American Express, Discover * Debit/Check cards (not ATM cards) * Checks (personal, certified, cashiers', travelers'), money orders (U.S. Postal, international, currency exchange), bank drafts Note: If abroad, U.S. Embassies and Consulates accept the foreign currency equivalent, or a check drawn on a U.S. bank. At our over 7,000 Passport Acceptance Facilities - You pay the passport application fee and the security surcharge to the ''U.S. Department of State'' and the execution fee to the facility where you are applying. For Passport Application Fee: * Personal checks, money orders, and bank drafts at all locations * Exact cash at some locations (verify with the Acceptance Facility) For Execution Fee: * Money orders and bank drafts at all locations * Personal checks and exact cash at some locations (verify with the Acceptance Facility) * Credit cards at U.S. Postal Facilities and some other locations (verify with the Acceptance Facility) Expedite Fee: ( See How to Get Your Passport in a Hurry .) 8. Provide a Social Security Number If you do not provide your Social Security Number, the Internal Revenue Service may impose a $500 penalty. If you have any questions please call your nearest IRS office. Where to Apply for a Passport in the U.S. Most Passport Agencies now accept applications only by appointment. Click here for more information. PASSPORTS FOR MINORS A minor is defined for passport purposes as an unmarried person under the age of 18 years. 22 CFR 51.27. Either parent, whether a U.S. citizen or not, may apply for the U.S. passport for their minor child. However, the Two Parent Consent Law, effective July 2, 2001, requires that, for a child under the age of 14, both parents must consent to issuance, or the applying parent must document his/her sole authority to obtain a passport for the child. Thus, before a passport is issued for such a child, Passport Services will require evidence of one of the following: sole custody, a court order allowing the parent to travel with the child; a written statement under penalty of perjury that the other parent agrees to issuance or is unavailable, a termination of the other parent’s parental rights, or compelling humanitarian reasons relating to the welfare of the child. Grandparents may not apply for the passport of a grandchild unless they have a document of guardianship or written authority that complies with the Two-Parent Consent Law. Minors who are 14 years and older execute their own passport application with proper identification from a parent or responsible adult. PASSPORT RESTRICTION FOR MINORS A state court has the authority to order a parent, possessing a child’s passport, to surrender the passport to the court or the court’s designee. Such an order is enforceable by the court’s authorities under its state’s law. The court may hold the passport as long as it deems necessary to reduce the likelihood of the removal of a minor child from the United States. In such a case, the action to withhold the passport should be reported to the Office of Children’s Issues (address below) to prevent unauthorized attempts to replace it. Questions about the possible value of passport revocation should be sent to the Office of Passport Policy and Advisory Services (address below). At the request of either parent or his/her attorney, the Department of State will give effect to the intent of state civil court orders regarding a child’s custody and/or travel by denying a minor child’s passport when appropriate. See 22 CFR 51.27. A request for passport denial should be sent to the Office of Children’s Issues , (address below). Moreover, independently, or in conjunction with a court proceeding, a parent or attorney may request the Office of Children’s Issues to place the child’s name in the Children’s Passport Issuance Alert Program (CPIAP) lookout system. Under this system, the Department of State will notify the requesting parent or attorney that a passport application is being filed for the child. In these cases, if the Department has on file a court order granting sole custody to one parent, or restricting the child’s travel, the passport would be denied. The address is: U.S. Department of State Office of Children's Issues Fourth Floor 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20520 Phone: (202) 736-9124 Fax: (202) 736-9133 All requests must be in writing, and include the child’s full name, date of birth, place of birth, social security number, address, and phone number of the requester. It is vitally important that parents with concerns about parental child abduction consider CPIAP as an abduction prevention measure. While Passport Services does its best to prevent it, we are aware that some would-be abducting parents have succeeded in evading the Two-Parent Consent Law by the presentation of misleading or false evidence. Once a passport has been issued, its recovery, and the recovery of the child, is extremely difficult. Unless parental rights have been removed, either parent, with or without custody, can obtain information about his/her minor child’s passport status as part of a passport restriction request. Certified copies of a child’s passport application can be obtained from: U.S. Department of State Passport Services Office of Research and Liaison, 5th Floor 1111 19th Street, NW Washington, D.C. 20522-1705 Phone: (202) 955-0447 Fax: (202) 955-0288


keny
Rating
No not if your in the UK . Here the only right he has is to pay child support and most don`t even do that.


geoff d
He can try and be awkward and refuse permission. the easiest way round this is just make an application to the court to take the child out of the country, it`s a 5 minute hearing in closed chambers, and usually granted unless good grounds are proven otherwise.


Panacea
Rating
If you are planning to take the child out of the country, you MUST contact a lawyer and arrange a court date. You may get the passport even though they are supposed to insist he consign. However, if you leave the state, let alone the country, with the child, you could easily be charged with kidnapping. At a minimum, you could lose custody and by lose, I don't mean just a transfer of custody to his father. Your child could end up in the foster care system and that is definitely not a place you want him to be. Abuse under that situation is highly likely. But, you could end up going to prison. Kidnapping is a serious, serious, SERIOUS offense. So don't screw around with this issue.


2007
In order to get a minor a passport you have to have written consent from both parents, so yes he can stop you.


me!
if you are the legal guardian then he would have to provided proof that he has rights to the child i.e birth certificate and his name would have to be on their plus you would have to sign on the application form it would be ok for him to do this. its very doubtful if you have sole custody


jeanimus
If your're in the UK - if he wants to stop you taking the child abroad, he has to apply to the court. So technically he can. But if you're only going abroad on holiday and you live, work etc in Britain and intend to come back, there is probably not a judge who would accept his objection. However, if you were planning to move abroad, it might be different. Having said that, if hes had no contact he wont know what you're doing, and isnt likely to be able to raise an objection.


Carrot Cruncher
Simple answer is NO! you are entitled to take your child on Holiday or Visiting relatives abroad


Starla_C
Rating
No, he cannot stop you because you have SOLE CUSTODY. That means he has no say in any major decisions regarding the child. Check with an attorney where you live to make certain you are not doing something illegal, but in Arizona, a sole custodial parent may do as they chose with the child without interference from the other party.


boxingpugilist
Dress him up as a taliban and tell him to goto the airport to collect your sister, that will be the end of your bf


Selly
Rating
I live in canada and I have a similair situation I never had any trouble getting a passport for my daughter.


Gemma M
I would check this out as like you said he has parental responsibility and i believe you would need his permission to take your child out of the country. Check with Citizens Advice. Good luck!


mild_irritant
Yep - he has to co-sign the application. If you think that is unfair - consider the reverse - A guy who is PAYING child support and is a little behind, can't even GET a passport. He's a prisoner in his own country.







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