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Posts from the ‘Passports’ Category

When should I be thinking about passports in family law?

Passports are a very important document for your children and should be considered immediately upon separation. Parents should be considering which parent will hold the children’s passports and how the transfer of documentation will occur if the other parent requires those passports for a trip

Even more important is the situation where a separation occurs when the children are still young and do not even have passports. In such a situation many parents may not consider the repercussion of not addressing this issue in their separation agreement or court order and... MORE »

What are the requirements for separated couples to obtain passports for their children?

Parents who have joint custody of their children must both sign a passport application for a child of the marriage. Even if a parent has sole custody of their children if the non-custodial parent has specific access dates (for example every other weekend) then both parents signature must appear on the passport application. This can be difficult if the child’s parents are not on good terms.

A parent with sole custody where the other parent has no access or “reasonable access” can usually receive a passport for a child without the... MORE »

What can I do if a parent is refusing to sign a passport?

If a parent is refusing to sign a passport application, the other parent can apply to the courts to waive the requirement for Passport Canada to receive a passport application signed by both parties. However, this will be an expensive process and if a trip is already planned then due to the slow nature of the courts it may be nearly impossible to obtain the passport in time.

Children over the age of 16 can apply for their own passports, so this may be a solution in certain situations.

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