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Answered in 1 minute by:
11/17/2010
VerifiedDebra Thal (username) :
Is there a custody order in place?
Is so does it give you sole custody?
Debra Thal (username) :
Have you tried to get the passport yet?
JACUSTOMER-7ziak6s7- :
Yes, I have sole custody and he has access. I have not been to the passport office yet but I don't have a signature. I googled my ex and found where he may work so considered asking him for a signature which I really don't think he will supply.
Debra Thal (username) :
If you have an order for sole custody then you do not need the father to sign the passport application.
You will have to provide a copy of the Order but there should not be a problem in terms of getting the passport.
JACUSTOMER-7ziak6s7- :
when i talked to passport canada today they said he needed to sign if he was on the birth certificate. what about the access, if he ever came around?
Debra Thal (username) :
That is not true when there is on Order for sole custody. Did you tell them you had an order?
Debra Thal (username) :
If he wants to execise his access rights now you can apply to the Court to vary the existing order and could argue that the man is a stranger to your son who has grown up without a father.
JACUSTOMER-7ziak6s7- :
I think I said I had primary but I have sole, is there a difference? I have 2 court orders, the 1st one says the custody and then we went back to court for access to be changed and it doesn't say anything about custody. In the first order though it said that I had to have authorization to take my son out of the province.
Debra Thal (username) :
That's all you need.
If you have sole custody you can get the passport and you can take your son out of the country without permission to travel from the father.
You cannot move away but you can go on vacation.
People do this all the time.
JACUSTOMER-7ziak6s7- :
Ok, so I reread my first order and it doesn't actually indicate who gets what in regards XXXXX XXXXX and I'm sure that it did so I'll look for the original copy but if it doesn't indicate that, just says that the father has access then what?
Debra Thal (username) :
It won't.
What does the order say?
Let me hear this first and then we wil see if you have to find the other order.
Take you time.
JACUSTOMER-7ziak6s7- :
March 16, 2006
JACUSTOMER-7ziak6s7- :
says that it was further considered and agreed that the respondent shall have access to the child on said date beginning at such time to be determined by the applicants mother and continuing to said March 20, 2005 at 330pm and thereafter every other weekend commencing friday april 1, 2--5 at 5pm with the understanding that....
JACUSTOMER-7ziak6s7- :
I am sure that there was a custody order. I'll go check. He didn't show up for that hearing so that is why I was given sole/primary
Debra Thal (username) :
For sure there is another order because this second was makes that clear.
So find the order.
If you cannot find it go to the Courthouse and get a copy. You should always have one anyway.
You will have sole custody.
If you do not post again and I will assist you but there's no point in worrying about this now as I am sure you have sole custody given the wording of this order and your recollection.
JACUSTOMER-7ziak6s7- :
ok thanks, XXXXX XXXXX the order, i will go to courthouse
Debra Thal (username) :
OK
If we are done for now please click accept so that I can receive credit for providing you with this information.
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