NJSBA Family Law Section

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  • 1.  Passport Consent

    Posted 04-29-2015 06:58 PM

    Greetings,

    I have a situation where defendant would like ongoing consent to obtain passports for the children without having to ask the plaintiff. The passport rules indicate that 

    "...the person executing the passport application must provide documentary evidence that he or she has sole custody or is the sole parent of the child, has the consent of the other parent to the issuance of the passport, or is acting in place of the parents and has the consent of both parents (or of a parent/legal guardian with sole custody over the child to the issuance of the passport)." 

    No exigent circumstances exist. Plaintiff is an absentee father who has not had contact with the children since the divorce several years ago and pays child support through probation. He never attends any court hearings or responds to any motions. Because he pays child support, termination of his custody is not possible; defendant relies upon his financial contribution. It is not feasible to get his consent because he does not respond and the defendant would like to travel with her children. 

     Has anyone found a way around this?

    Thank you in advance!

    Cara 

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    Cara Parmigiani Esq.
    Mountain Lakes NJ
    (973)722-7655
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  • 2.  RE: Passport Consent

    Posted 04-29-2015 07:01 PM
    Why not seek sole legal custody based on his absentee status? Child support
    and visitation (parenting time)are independent.
    On Apr 29, 2015 6:58 PM, "Cara Parmigiani via New Jersey State Bar


    Original Message


  • 3.  RE: Passport Consent

    Posted 04-29-2015 07:14 PM
    A judge will sign an order permitting you to obtain the passport without fathers consent, if you make the application. In your moving papers tell the judge where your client is going with the children and why and the father's history of failing to appear. When the father does not respond, it will further illustrate your point. That has sufficed for me in the past.

    Get several original orders as the passport office will want an original with each child' s application.

    Sent from my iPad


    Original Message


  • 4.  RE: Passport Consent

    Posted 04-29-2015 09:35 PM
    Just proceed with caution. Even though dad is absentee, he can resurface and make your client's life hell regarding out of country travel with kids. Court order is def the way to go!!

    Hanan


    Original Message


  • 5.  RE: Passport Consent

    Posted 04-29-2015 07:15 PM
    File a motion with the Court for sole authority to apply for the child's passport. A court order suffices as "primary evidence of sole authority to apply," which the DS-11 form (link below) explicitly says is sufficient in the event one parent is absent.

    http://www.state.gov/documents/organization/212239.pdf
    _____________________________
    Justine L. Abrams, Esq.
    J.D., Seton Hall University | School of Law
    (609) 472-0326


    Original Message


  • 6.  RE: Passport Consent

    Posted 04-30-2015 10:49 AM

    Thank you all for your help! I appreciate it.

    Cara 

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    Cara Parmigiani Esq.
    Mountain Lakes NJ
    (973)722-7655
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    Original Message