Legal Question in Family Law in Florida
minor's passport
my ex-wife and i have a shared custody over our 7-year old son. she wants to take him to canada for a vacation this summer that is why she wants me to sign the passport application as it is a requirement that both parents must sign. i have no problems allowing them to go. my concern springs from the fact that i also have international travel plans for my son and since my ex-wife and i are not in good terms, i am sure that will not give me our son's passport when needed. is there a way for me avoid this situation? will a document stating that she will give my son's passport to me when he travels with me internationally (signed by her and filed in the court to form part of our marital settlement agreement) sufficient to bind her? if yes, then how does that document look like? is there a specific form that i should follow?
1 Answer from Attorneys
Re: minor's passport
I assume her trip takes place before your trip based on the way you've written this.
You could write an addendum to your marital settlement agreement that says something like, "After mother returns the child from Canada, mother will give the child's passport to father within three days so that father may take the child to [wherever]." You'd have to have a court order completed ratitifying your addendum and file it in your case, probably with a $50 filing fee.
If she doesn't give you the passport, you could file a motion for contempt and a motion for turnover of passport.
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