Friday, July 18, 2008

What can my lawyer do to get a husband or exhusband if divorced to sign for the children to get a passport,if? -

If the Dad refuses to sign the passport application for the kids, is there a motion that could force him to do that?how can that be done?

Both parents or legal guardians need to sign the application for a passport for a minor child under the age of 16. You can file a Motion with the Court requesting that the Court order your former spouse to sign the application. Depending upon why you want the passport, the Court or may not grant your request. If there is any legitimate fear, on your former spouse s behalf, that you are planning to flee or the children will not return, the Court will probably not force the parent to execute the application. However, if proper assurance is given that the children will return and that there is a good reason for them to travel, the Court should order the other parent to sign the application. Make sure that when you go to the hearing, you bring with you all of the documents your former spouse will need to sign. That way the Court can direct that the documents be signed immediately in the Judge s presence. If the former spouse refuses to sign after being ordered to do so, the Court may appoint an independent person to act as your former spouse s attorney in fact and that person could sign the applications. If you are able to afford to travel abroad with the children, you probably can afford to have an attorney prepare the Motion and represent you at Court. I am not suggesting that you are not smart enough to do the paper work. The simple fact is that Judges tend to grant Motions more often when the Motion is filed by an attorney rather than a pro se litigant.

Try stopping to destroy his life with your horrible, skank lawyer.

i think it should be illegal for a legal guardian of children of divorced parents to get passports for said children... once they leave the country they don`t have to come back.. if i was in that situation i would say no i will not sign passports for my children to leave with their father to another country.. and i do not think anyone should force anyone to sign something they do not feel is in best interest of the children.. if the mom wants to go to another country then she should go but, without the children.. leave them with the dad..

If you are their legal guardian, I m pretty sure you wouldn t need his consent. If his consent is required and he refuses it, you can ask for a court order pressing him to do so, but first make sure it s absolutely required.

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