Possible falsification of signature on passport

[SM_in_FL]

Hi, Soc!!!!
Well, SD told hubby that BM got her passport for her. We've been doing some reading and as we understand it, she shouldn't have been able to get it without dh's signature (as of July 2001 according to the passport services website), so we think she might have falsified his signature. We are in the process of getting verification of the existence of the passport and the falsification of the signature via a copy of the passport application (if it exists). However, have some questions about this. Soooooooooo:

1) If the application was placed prior to July 2001 (the law that applies is Public Law 106-113 section 236), do that mean he has no claim against her for getting the passport without his authorization?  

2) If it comes back that the application was made after 2001, and she did falsify his signature on the application, what are his recourses in family court as well as in criminal court? What would his next step be in either forum?

3) Is there a statute of limitation with regard to this issue within either forum? Like if she placed the application 2 years ago (or longer ago, supposing he'd still have a claim against her), and we just found out now, does he still have time to do anything about it?

Thanx Soc!!!!
SM

[jilly]

Hi,

I can't answer the specific questions you asked Soc but I can tell you my recent experience regarding a passport for my 2 year old daughter.

My DH and I are married.  My best friend lives in England and we are going over there in September for vacation. I already had my passport but DH and DD did not. I too read about what was required to obtain a passport for a minor child and the change in the law regarding this.

One of two things has to happen when applying for passport for a minor both parents AND the minor child have to appear in person at the passport agency OR one parent AND the minor child have to appear in person along with the form signed by the other parent consenting to the issuance of a passport.  I had a certified copy of her birth certificate, the required form signed by my DD and my drivers license. What I DIDN'T have was a copy of my DD's drivers license.  I was given a SASE in order to send a copy of my DD's drivers license and only then was her application sent in for processing.  I think the only way around this is to show dcoumentation that the other parent is deceased or that there is some court order regarding the other parent. I'm not as sure about this point.

Good luck!

Jilly

[socrateaser]

>1) If the application was placed prior to July 2001 (the law
>that applies is Public Law 106-113 section 236), do that mean
>he has no claim against her for getting the passport without
>his authorization?  

Not having read the law to which you refer, I don't know, but if you imply that until July 2001, there was no requirement that both parent's signatures be present on a passport application, then you would have no claim.

>
>2) If it comes back that the application was made after 2001,
>and she did falsify his signature on the application, what are
>his recourses in family court as well as in criminal court?
>What would his next step be in either forum?

Forgery is the simulation of a document for an unlawful purpose. Attempting to obtain a passport with a false signature would be a forgery, therefore the forger can be prosecuted.

The passport application is also almost certainly made under penalty of perjury, thus a false signature would be a false statement of a material fact, which is perjury and also prosecutable.

In family court, you would need to show that the passport was being obtained for the purpose of violating a court order. I don't know what the court has ordered in your case, therefore I can't comment about what contempts this may amount to.

>
>3) Is there a statute of limitation with regard to this issue
>within either forum? Like if she placed the application 2
>years ago (or longer ago, supposing he'd still have a claim
>against her), and we just found out now, does he still have
>time to do anything about it?

Absolutely a statute of limitations for the criminal aspects. Regarding the contempt, any limitation would toll from the date that the contempt occurred, so you have loads of time.