I'm trying to get a passport for my 13 yr old to visit Canada with me this December. I was told since her dads name is on the birth certificate that I have to get his permission for her to go. Her dad and I were never married and he hasn't seen her since she was 6 wks old. We have no contact with him and need it to stay that way. The last time I saw him was in when she was 6 months old and that was in court for a order of protection from him to stay away from us. I've tried contacting legal aid in my state and even tried a coupld of attorneys who say they have no clue on what I should do. I'm shocked! Can someone please tell me what I should do from here. I just sent a request in to the TN bar association for a referel but haven't heard anything back yet. I'm financial able to pay an attorney for help..Just need to find one that can. Thanks
If you have anything establishing sole custody, you should be able to present that to get the passport. You might also be able to complete the special circumstances of a passport application if you have a restraining order.
A friend of mine had moved to get away from her abusive boyfriend-to her and the kids. She had a court order of protection and as far as I know was able to get the passports without a problem.
One other thing to think about - I flew up to Canada to visit my sister when my daugther was about 1 (my daughter has a passport). Canadian customs did not want to let me in becuase I did not have a notarized letter from her father saying I was allowed to have her with me. I was able to get away with an e-mail from him right there and then on my black berry, but was told that the letter is a Canadian requirement regardless of whether on he had to agree to the passport. So I would recoomend you check with Canadian customs to see what you need for them as well.
Good luck!
There is a form (DS-3053) which allows you to explain why you cannot get the other parent's consent. This State Department site addresses the issue:
http://www.travel.state.gov/passport/forms/ds3053/ds3053_...
I hope you have your court records and protection order records somewhere because that would be invaluable. A lawyer would be able to help you decipher these requirements, if you print out that page and the form, and get the court order. I think any family law attorney would be able to help you fulfill the requirements for that form. I hope this helps.
Who is telling you that you have to get his permission to go to Canada? The passport office? The airline?
This seems strange to me because I have traveled with my children before (to Canada, though it was a few years ago) without my husband and nobody said a word about it. The only thing I've ever had happen is for a customs agent to ask the child who I was (looking for the answer of "this is my mom," so they could be assured the child wasn't being kidnapped or something).
My SIL lives in Italy and has dual citizenship, as do both of her children. She recently came into the US with both of her kids, without her husband, and there were no issues at all...
