Need clause in agreement re: passports

[Peaceful.]

Context: uBPDx has requested my consent for new passport for d5, in conjunction with a planned trip.

We have an agreement in place, does not mention passports, but are in the process of modifying it for other issues.

Need: I'd like add a clause regarding passports and need input on the draft language. That passports must be shared if the other requests it and not withheld, and that each parent is to have a Xerox copy of the passport.

What else am I forgetting to add? Anyone with experience?

Personally, I don't think it's necessary at this time, and would rather wait until as long as possible to apply for a passport. However, this is more of an emotional issue of having to trust uBPDx. In my particular situation it's not going to be useful to restrict or block travel. I'm not asking the community to weigh in on that part - just on what should be included in the clause. It seems like this is the kind of document that just has to be shared, and a clause would enforce that.

[DavidWebb]

Here is what should be included i a bilateral Joint Parent Agreement with Joint Custody



(if there would be NO chance of parent fleeing with children)... .

1) Both parents must cooperate to keep kiddos passports current

2) Who keeps passports

3) Keeper of passports must provide passports to other parent  within N number of days when requested via writing/email. Then passports returned to parent keeper after N days after trip concluded

4) Where travel / what countries can take place (state dept advisories?  Hauge countries?)

5) Other parent to cooperate fully completing permission statements, how long they have to consider, and how long to return completed forms (critical for plane trips and cruises)

[ForeverDad]

Ponder whether you can have consequences for noncompliance.  It's hard to get a judge to order consequences, even when it's already listed in an agreement, and harder to obtain if the consequences are left up to a judge.

If your ex is a flight risk and the court is unwilling to restrict travel, try to get some collateral or something put in escrow as leverage to give incentive for a return.

[Peaceful.]

Ponder whether you can have consequences for noncompliance.

This is actually fascinating. The passport of the future could be remote-controlled to "fail" if one party were in noncompliance. I'm wondering if there's some similar kind of mechanism that could be enforced, for example, if one party failed to return the passport to a safe deposit box or party that was deemed to be the keeper of the passport.

What would the court action be? Could you write into an agreement that this court action would "activate"?

[Peaceful.]

And is there any way to register with the government that you do not consent for a passport for a minor?

I'm seriously concerned that a fraudulent document of consent might have been prepared.

[ForeverDad]

Is the worry whether ex will abscond with the children or deny you access to the passport when departure day arrives, or both?

Denied access... . Most orders require at least a 30 days notice of vacation.  You might want to have a time frame in advance similar to that where the passport is made available or accessible or held by a responsible third party so you aren't left wondering to the last minute whether it will be handed over or not.

Flight risk... . many children can have automatic dual citizenship, that make monitoring and control more difficult even if you have a good court order.  In the USA the State Department can put you on a notification list if you want to be notified when your child's SSN is used in an application to obtain a passport or replace a 'lost' one.  But that doesn't handle other governments.

[Peaceful.]

It's that state department list that I'm interested in. Link?

Hi ForeverDad -- I'm glad you're responding. I've admired your approach over the years. i've been dormant for a bit but can feel that uBPDX is having a major episode and is going to retaliate in a major way. Extremely controlling behavior and disparaging me which has our d very upset and acting out of character, modelling that behavior and in tears with confusion.

I fear she will falsify documents, travel overeas in April, and withhold the document. Taking d on trips whenever she has time.

[ForeverDad]

This is good only for the issuance of a passport, or possibly a replacement passport.  The local court could make specific orders regarding safekeeping, usage, return, etc though it might want some evidence or substantiation that lack of cooperation is contemplated or threatened.

www.travel.state.gov/content/childabduction/english/preventing/passport-issuance-alert-program.html

www.travel.state.gov/content/childabduction/english/preventing/faq.html

Most orders are vague on details, expecting parents to cooperate with the details.  For example, usually the extent of travel or borders is not addressed in the boilerplate.  The typical specifics are how much advance notice is required, how long a vacation can be, how many maximum per year, holidays take precedence, etc.

Is she likely to take short international trips?  Typical boilerplate language doesn't address such trips if the trips don't encroach on your parenting time.