Legal Question in Family Law in Canada

Canadian Passport for a minor after a divorce

My wife and her husband divorced back in 1997. He had filed for custody but never showed up in court. The judge was irate and immediatly issued a divorce, sole custody and a restraining order to my wife. There was a footnote that the loose ends would have to be tied up (ie: child support, visitation etc..). My wife's family convinced her to let sleeping dogs lie and just go on without going for child support since he was unemployed, broke and not willing to help anyways. He never made contact for four years until my wife found him. A couple of months went by and then he disappeared for 5 more years without contact until we decided to get married. We wanted to find him for closure for her daughter (why daddy never called) but things just got ugly. We need a passport for my step-daughter but in Canadian law states that both parents must sign the document. Does he really have to sign or is there a way around it? The issues were never finalized and my step-daughter is afraid he will ask for visitation rights if we ask for him to sign or finalize. She is now 13 and does not want to see him again. (She never really ever did). He left when she was 2 years old and she never really ever saw or heard from him again. What should we do?


Asked on 7/29/07, 1:15 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Canadian Passport for a minor after a divorce

Yes, he must usually sign under normal circumstances; however you may approach the passport office and ask them if only you wife may sign, as she has a sole custody and restraining Order. They will need to see the order and may require it to be certified true. If the passport office still will not issue the passport, you may ask the Supreme Court of British Columbia for the appropriate Order. You will likely require the assistance of a lawyer for this. The approach taken by the law in different Provinces varies; this answer applies to British Columbia.

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Answered on 7/29/07, 2:29 pm


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