I have 50/50 custody of our minor child. I would like to get my son a passport to travel to foreign countries for vacations. However my ex won't sign the passport documents. Is their a way I can get a passport for our son without her signature. This refusal is based on control and the other parents belief that 8 years old is to young to leave the country.
You can make a motion to the court to request her to sign the passport paperwork.
This is general information and does not create an attorney client relationship.
You may try to reach an agreement through mediation. Barring that, you must file a motion in court to seek an order requiring the other parent to consent.
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You may have a tough time getting a court to order your ex to sign the consent. Family court judges sit in courts of equity and balance the interests of one party against another, all under the tint of what's best for the child. You would have a much easier time getting the court to issue the order if you lived in another country or if the child had a lot of family in another country. Because you're basically just looking to vacation, your ex could make a very strong argument that risking travel abroad is unreasonable and not in the best interest of the child, etc.
In short, you're going to have to convince the court that it's in the child's best interests to over-rule the parent's objection to consenting to let you take the child abroad. That could be an uphill battle.
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