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legalgems
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 7451
Experience:  Just Answer consultant at Self employed
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I am a naturalized citizen married several years ago with an

Customer Question

I am a naturalized citizen married several years ago with an American born citizen . Subsequently , we had 2 children . We divorced , and during a contentious custody battle , my exhusband placed the children on the Allert Abduction Program . After several years , I was awarded sole legal custody . Then , I applied for passport for children which was denied because the father refused to give the ok based on his initial enrollment of children in the program ( we shared at that tile joint legal custody ) . Knowing the law that I know , things do not sound right to me . What do I need to do ? What kind of attorney I need to contact ?
Submitted: 18 days ago.
Category: Immigration Law
Expert:  legalgems replied 18 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 18 days ago.

I am sorry to hear this;

According to the instructions only the parent that placed the alert may remove it:

A child is automatically removed from the CPIAP when he/she reaches the age of 18. In the event a parent or legal guardian who enrolled the child wants to remove a child or children from the CPIAP prior to reaching age 18, he/she must submit a photo ID and a notarized written statement requesting the removal from the program. https://travel.state.gov/content/childabduction/en/preventing/faq.html

So one may first send a wrritten request that the other parent send a notarized statement by X date; if they fail to do so, one can file in the family court, requesting that the other party be ordered to remove the child's name. If the person fails to do so they can be held in contempt of court which may include the award of attorney fees (which is why it is important to send the written request, because then the judge can even award attorney fees without a contempt violation but rather upon the initial request, based on the other party's unreasonable refusal to comply with a reasonable request; the court does not like it when a party wastes the court's time), daily fines, even jail time.

The court can also authorize the court clerk to execute any necessary documents on behalf of the refusing parent.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 18 days ago.
In this case , the parent that lost the legal custody placed the children under the program . The question is , just because they are on that program , the children lost their constitutional right to have a passport despite the fact I have their sole legal custody and I am requesting the passport on their behalf ?
Customer: replied 18 days ago.
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Expert:  legalgems replied 18 days ago.

If the parent had custody at the time of the request being made, the parent does have legal authority to do that. However, failing to remove the restriction upon request by the person with sole legal custody will require the court to make that order if the parent won't voluntarily remove it.

Customer: replied 18 days ago.
the answer is yes , just being on that list forfeits the right to have a passport .
Customer: replied 18 days ago.
Unless they are taken off the list
Expert:  legalgems replied 18 days ago.

Yes, but the constitutional right to travel is only enforceable against a state/federal entity, not against a private person. And then it can even be infringed upon if there is a public interest (ie child support arrears can justify restriction, as can parental kidnapping concerns). But if there is no kidnapping concern then the parent would presumably remove the alert; if the parent is noncustodial and has no legal authority, the court would need to direct the parent to remove the alert. The agency does not monitor custody issues unfortunately.

Customer: replied 18 days ago.
Thank you .
Expert:  legalgems replied 18 days ago.

You are most welcome; I hope this works out with minimal hassle so you can travel with your children.

Thank you and take care.

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Expert:  legalgems replied 16 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!