Legal Question in Family Law in Washington
I would like to know if the final parenting plan that was signed by the judge is sufficient proof that I have sole custody to get passports for my children so we can travel abroad and if not, how can I get a court order saying I can since my ex husband refuses to sign an application for them. I am the designated custodian for all federal and state statutes which require designation or determination of custody.
1 Answer from Attorneys
The designation of a custodian in a parenting plan does not cover passport applications for minors which require both parents sign off on the application. The exception to this may come if the Parenting Plan specifically authorizes you to be the sole person to apply for passports due to some intransigence on the part of the father.
Thus, assuming for a moment, that even if you present a certified copy of your parenting plan to the passport office that they will not issue you a passport without the father's signature, what you ought to do is bring a motion for the court to sign the passport application on behalf of your ex-husband, as well as a letter on his behalf, specifically authorizing you to travel with the children. You normally need a letter from non-traveling parents indicating that they agree to allow you to travel on a particular trip to a particular location for a set period of time, and a number and address to reach them at to confirm. In your case, it may instead be a judge who provides the letter, or modifies your parenting plan to say this, so that you in fact can travel.
Best of luck to you.