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Show ALL Forums  > Single Parents  > A divorce order to allow kids to move from country??      Home login  
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 4 garrett02
Joined: 2/4/2009
Msg: 25
A divorce order to allow kids to move from country??Page 2 of 2    (1, 2)
yes a judge may ok this request if a job is substancial for the parant has family to help and will provide transportation to other spouses home for visitation
 no_1_bby
Joined: 5/3/2006
Msg: 26
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A divorce order to allow kids to move from country??
Posted: 10/23/2009 1:41:09 PM

And, OT, a parent can't even get a passport for a child under fourteen without the other parents signature, even if divorced.

Not true. I got passports for my minor children this summer without their father's signature. We are divorced, and I have full/sole custody as well as care and control tho. I'm nice and informed him I was doing it tho. All they asked for was the divorce papers (presume they were looking for custody arrangements) and birth certificates. I could probably have done it before the divorce was final based on the requirements they asked for. The separation agreement stated I had custody and care and control.

My mother moved us from the Southwest USA to Eastern Ontario when I was 6. She had my father sign saying she had his permission to take me out of the state as well as out of the country. She remarried and he was in Ontario, so we moved to be with him.

I left the province with my children when my ex asked for the divorce, before there was a formal legal agreement... I think I had him sign a letter and have it notarized.
 TAKEN fab-mom
Joined: 6/19/2007
Msg: 27
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A divorce order to allow kids to move from country??
Posted: 10/23/2009 1:44:54 PM
^^^^ I have to agree with no 1 bby . I got a passport for my daughter earlier this year and we all went to Jamaica :) Her bio father didn't even know and I had no problem with getting it. I didn't even have to have him notarize anything. And the courts had recognized him as the father and all that jazz. He just never went through the process of getting his name actually PUT on the birth certificate. Or maybe he did....I just never bothered to get a new one and they didn't argue.
 bernta
Joined: 9/3/2007
Msg: 28
A divorce order to allow kids to move from country??
Posted: 10/23/2009 3:20:42 PM
From the US Gov. website:

Both parents must provide consent authorizing passport issuance for a minor under age 16. See the scenarios below, and follow the instruction that best applies to your circumstance:


Both Parents MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent



One Parent MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit the second parents' notarized Statement of Consent (Form DS-3053)



One Parent (with sole legal custody) MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:

Minor's certified U.S. or foreign birth certificate listing only the applying parent
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
Adoption decree (if applying parents is sole adopting parent)
Court order specifically permitting applying parent's or guardian's travel with the child
Judicial declaration of incompetence of non-applying parent
Death certificate of non-applying parent
NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained
 Nevaehs_mom
Joined: 8/4/2006
Msg: 29
A divorce order to allow kids to move from country??
Posted: 10/24/2009 12:50:39 PM
Hey Joe!

Ok so I didn't read all the post so this may already have been said. I dont know about in the states but I do know here in canada (and keep in mind that each case is diffrent).

The only way a parent can move out of the province or country is a) with concent from the other parent (which more then likely will never happen) or b) if the other parent can prove to the court's that it is in the best intrest of the children to be moved.

AFTER I went through my court hearing I looked into a few things on if I wanted to move in the furute back to our home province and was told that if I could prove that it would benifit my child then a court would grant it, BUT that things would have to be done before even considering it, things like how I was going to keep the other parent involved in our child's life. Then a court would more then likely grant it.

So if the one wanting to move can prove that it would benifit the children then there is a good chance that the court's would grant it.
 ForumPhantom
Joined: 10/31/2008
Msg: 30
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A divorce order to allow kids to move from country??
Posted: 10/24/2009 1:04:25 PM
OP talks like a lawyer...*rolling eyes* as in the whole scenario is hard to follow. Why omit the genders? If you already know the answer, why post a thread on it? Bored? Geesh. Just stay out of it and be supportive of your 'friend'.
 singlesuperdad
Joined: 8/26/2009
Msg: 31
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A divorce order to allow kids to move from country??
Posted: 10/24/2009 1:10:51 PM
In my expereinces, I doubt it. The courts are tough enough just leaving the state much less the country. I've found too, it depends where the kids were born. if my kids were born in Viginia I'd have no problem moving them there. but if they were born here you'd have a hard time provin g it was in the best interest of the kids.
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