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Author Topic: passport of child - advise  (Read 2039 times)

Sunshine

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passport of child - advise
« on: Mar 17, 2005, 01:19:37 PM »
Hi:
can my Ex  put a stop or note on our childs foreign passport which is in my possession? If so, is my signature not required as I am the one with legal custody and legal guardianship? Thanks for any advise.


patton

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RE: passport of child - advise
« Reply #1 on: Mar 17, 2005, 01:38:42 PM »
Proof of Custody  
     
TWO PARENT SIGNATURE REQUIREMENT OR OTHER PROOF

U.S. Passport applications for children under the age of 14 now REQUIRE both parents' signatures as provided by Public Health Law 106-113, Section 236, effective July 2, 2001. Information on the new requirement is provided below.
Both parents or child's legal guardian must:
1. Present evidence of child's citizenship AND
2. Present evidence that they are the parents or guardian AND
3. Show valid personal identification AND
4. Sign and take oath before an authorized passport acceptance agent.
If the second parent is not available to sign, the appearing parent must:
1. Do the above AND
2. Present evidence that he/she has a) sole legal custody of the child OR written consent of the other parent for the issuance of the passport OR written statement explaining why non-applying parent's consent cannot be obtained.
If no parent is available to sign, the third-party in loco parentis must:
Appear with a notarized written statment or affidavit from both parents or custodial parent(s) authorizing the third-party to apply for passport. When the statement or affidavit is from only one parent, the third-party must present evidence of sole custody of the authorizing parent.

Troubledmom

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RE: passport of child - advise
« Reply #2 on: Mar 17, 2005, 01:46:04 PM »
As of July 2, 2001, as provided by Public Law 106-113, Section 236, both parents are required to execute the passport application for a minor child under age 14.

Information regarding the issuance of a passport to a minor is available to either parent, regardless of custody rights, as long as the requesting parents' rights have not been terminated.

If a parent believes their child may be abducted internationally they need to immediatly contact the Office of Children's Issues and their local law enforcement office.

As I recall, there is also a program to have "notes" put on passports to inform goverments that the child is a minor of a custody dispute. And their meaning of custody dispute does not mean an open court case. But I was lucky and had to go no further than not permitting the issuance of a passport.

TM

Sunshine

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RE: passport of child - advise
« Reply #3 on: Mar 17, 2005, 03:51:16 PM »
so my understanding then is, my Ex could contact the foreign embassy (where our son (under age 14) and I are citizens of) and tell them to put a note on our sons passport file? Would the embassy not be required to give this information to me as well.
I have to add we are residing in Canada, are citizens of a foreign country and do both not have a Canadian passport, we both hold a foreign passport.
Thanks!


>As of July 2, 2001, as provided by Public Law 106-113,
>Section 236, both parents are required to execute the passport
>application for a minor child under age 14.
>
>Information regarding the issuance of a passport to a minor is
>available to either parent, regardless of custody rights, as
>long as the requesting parents' rights have not been
>terminated.
>
>If a parent believes their child may be abducted
>internationally they need to immediatly contact the Office of
>Children's Issues and their local law enforcement office.
>
>As I recall, there is also a program to have "notes" put on
>passports to inform goverments that the child is a minor of a
>custody dispute. And their meaning of custody dispute does not
>mean an open court case. But I was lucky and had to go no
>further than not permitting the issuance of a passport.
>
>TM
>

Sunshine

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RE: passport of child - advise
« Reply #4 on: Mar 17, 2005, 04:05:18 PM »
Hi, this is not for a passport application.
Our son was born outside of Canada and is holder of a passport of the country where he is born and citizen of in first place.
So a foreign passport exists already. Would he be able to get info from the foreign embassy about the passport and be able to put a note on it. Ex does not have copies of sons passport nor does he know passport number.



>Proof of Custody  
>      
>TWO PARENT SIGNATURE REQUIREMENT OR OTHER PROOF
>
>U.S. Passport applications for children under the age of 14
>now REQUIRE both parents' signatures as provided by Public
>Health Law 106-113, Section 236, effective July 2, 2001.
>Information on the new requirement is provided below.
>Both parents or child's legal guardian must:
>1. Present evidence of child's citizenship AND
>2. Present evidence that they are the parents or guardian AND
>
>3. Show valid personal identification AND
>4. Sign and take oath before an authorized passport acceptance
>agent.
>If the second parent is not available to sign, the appearing
>parent must:
>1. Do the above AND
>2. Present evidence that he/she has a) sole legal custody of
>the child OR written consent of the other parent for the
>issuance of the passport OR written statement explaining why
>non-applying parent's consent cannot be obtained.
>If no parent is available to sign, the third-party in loco
>parentis must:
>Appear with a notarized written statment or affidavit from
>both parents or custodial parent(s) authorizing the
>third-party to apply for passport. When the statement or
>affidavit is from only one parent, the third-party must
>present evidence of sole custody of the authorizing parent.


Troubledmom

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RE: passport of child - advise
« Reply #5 on: Mar 17, 2005, 04:40:08 PM »
You will need to research Canadian Passport rules and regulations. It was assumed you were a US resident which is why the IS information was given.

Under the Hauge Act, there may be even stricter guidelines for passports than what the US has, I am not sure.

TM

 

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