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Wife refuses to sign passport authorization a minor child

Discussion in 'Other Family Law Matters' started by oakwood, Jun 29, 2015.

  1. oakwood

    oakwood Law Topic Starter New Member

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    I am planning to take two of my kids: 10 year old son and 8 year old daughter to visit my family abroad. I have taken my son with me on three separate occasions in the past, and this is my daughter's first international trip. My wife refuses to sign the passport authorization for my daughter, and confiscated my son's active passport.

    My going to visit my family is a regular occurrence (every 1-3 years), and as indicated, I have taken my son with me three times already with my wife's consent. My wife and I are married, but we are in the process of separation. My son and daughter both expressed strong interest to join me, and I have already purchased tickets to travel for 2-3 weeks. Since I need my wife's consent to apply for my daughter's passport, my wife's refusal to do so is restricting my ability to take my kids to visit my family. I am considering filing a court order to require my wife to sign my daughter's passport as well as return my son's passport. After trying to persuade her to reconsider, I informed my wife that I am considering turning to the courts to decide on the matter (although I don't know the steps involved), but aside from her threatening to go to a lawyer, I was unable to get her to cooperate. I am trying to understand what my rights are in this regard, and what are the detailed steps I would have to take in order to reduce the impact on me, my family, and most importantly, my kids.

    I am not sure if it makes a difference, but I have another (twin) daughter age 8 who would be staying home. She expressed the desire to go alone with me next year.

    Any assistance would be greatly appreciated.
  2. ElleMD

    ElleMD Well-Known Member

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    The courts do not mediate disputes about child rearing between married couples. No judge is going to make a parenting decision for you. If she doesn't wan the children traveling now, she has that right as a parent. It is for the two of you to work out and getting the children excited about a trip and buying the tickets without the other parent's consent only hurts the children. What you did in the past when you were happily married is irrelevant.

    If you are legally separated and have a legal separation agreement, travel would be one item to include in the terms among things like child support, custody, and visitation.

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