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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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I am a single parent, I have sole custody of my daughter

Customer Question

I am a single parent, I have sole custody of my daughter and no contact with the father. I am unable to get my daughter a passport because he is named father on birth certificate. What do I need, what can I do if I have no contact with ex and no court order?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
You will need to get a court order granting you sole custody before you will be able to get the passport for travel with your child outside of the country. Once you get the court you will no longer need the father's consent to get anything for anything. You will have to serve the father with the documents. If you cannot find him to serve him, then let me know and I will explain what you need to do.
Customer: replied 1 year ago.
I can't and don't want to have to find or serve him. He is an alcoholic and I have been separated for over 4 years.
Customer: replied 1 year ago.
Child is 6.
Expert:  Debra replied 1 year ago.
You can apply to the court on an ex parte basis for an order waiving the father's need to be served with the motion for sole custody. This is rarely granted, but if you can show that you or the child may be in danger if you serve the father then it is possible to convince a court that serving the father is too dangerous. However, it is very unlikely that you will succeed unless you can truly show that there is a danger in serving the father. If the court says you must serve the father and you can prove to the court that you cannot locate him and show what efforts you made to do so you may be granted an order for substitute service which will allow you to serve the father in an alternative way such as through mail to his last known address.
Customer: replied 1 year ago.
What happens if he's found and served then doesn't show up?
Expert:  Debra replied 1 year ago.
Then you will get what you want by way of default, which would be perfect.