This morning, I am going to court to bring a motion against my ex-husband. He has refused to sign passport applications for the children. We have planned to attend my sister’s wedding in the UK (I am a Canadian and British citizen) for 18 months now and all three of us were asked to be in the bridal party. My daughters were very excited – until they found out that we might not be going. This would not only be their first time to go to the UK but their first time to be flower girls. My sister’s wedding, after months and months of planning, is now just over a week away. My daughter’s only aunt and my only sister, will get married on November 3 whether or not we are there.
I will have 15 minutes to convince the judge that the children should be allowed to travel despite their father’s objections. The lawyer representing my ex-husband will have 15 minutes to convince the judge that the children should not travel outside of Canada. I have SOLE CUSTODY. I have been 100% responsible for the children and every aspect of their lives since my ex and I separated five and half years ago. He offers no parental input and yet I need his permission to take the children to their own aunt’s wedding. I thought sole custody was enough, but it’s not. I’m sure many, many other double parents have also been shocked to discover this.
Sole custody is not enough to get you passports for your child/ren. Nor is it enough for you to travel out of country with your child/ren without the written permission of the other parent. Please make sure when that you negotiate access etc., your settlement papers/court orders pertaining to access specifically include a paragraph pertaining to passports and travel. Thinking about these things ahead of time will save you a lot of stress down the line.
I would love to hear from anyone else who’s experienced a similar situation. The judge will either do one of three things:
- Order my ex to sign the passports there and then.
- Give a court order saying my ex’s signature is not required for the passport application nor his permission required for travelling outside of Canada with the children.
- Decline my request.
I will update later this evening when I have my answer from the judge. I’d love to hear from you if you have experienced a similar situation. Please let me know if you just have any questions regarding passport applications, travelling out of country with the child/ren, immigration (when parents have differing citizenship and/or naturalisation status). Please leave your question or comment here on the blog, or on https://twitter.com/TheDoubleParent or on https://www.facebook.com/TheDoubleParent