PASSPORT APPLICATION INFORMATON FOR SEPARATED PARENTS
By DOUGLAS J. MANNING,
Family Law Department
Passport Canada recommends that both parents participate in obtaining a passport for their child. One parent should apply and the other parent should participate by signing the Passport Application in the “Other Parent” section.
When a child is under 16 years of age, only the child’s parents or legal guardian of the child can apply for a passport. In cases of separation or divorce, the Applicant must be the custodial parent. If the parents have joint custody, then either parent may apply for the child’s passport with the consent of the other parent. In most cases, Passport Canada will require a long form Birth Certificate to prove the child’s parentage.
If the Applicant Parent has custody, but the other parent has specific access, then that parent will be asked to acknowledge that he or she is aware that a Passport Application has been made for the child by signing the Application form or the Passport Canada “Acknowledgement/Consent to Provision of Passport Facilities for a Minor Child” form.
If the Applicant Parent has custody and the other parent has been granted “reasonable access” (as opposed to specific access or joint custody) then the participation of the other parent in the Application process is not generally required. However, the information regarding the other parent must be completed.
The Applicant Parent must provide copies of all legal documents, such as Separation Agreements and Court Orders, pertaining to custody of, or access to, or mobility of the child to apply for a passport. The Applicant Parent must submit these documents in their entirety. Passport Canada reviews the documents to ascertain the custodial arrangement, whether specific access has been granted to the non custodial parent, and to ensure that there are no mobility restrictions for the child. If a mobility restriction exists, no passport can be issued without a new Court Order. If under the Court Order, the restriction could be removed with the consent of both parents, then the passport can be issued with the consent of both parents.
In cases where a parent’s participation is required, but cannot be obtained, Passport Canada will review the documents provided with the Application before deciding what further documentation will be necessary. In such cases, the Application Parent will need to provide a Statutory Declaration or a new Court Order to ensure that he or she has the authority to make a Passport Application for the child.
Please note that divorce or Family Law Court Orders or Separation Agreements should not contain any clauses requiring Passport Canada to act. The only Court with the power to authorize or order Passport Canada to act, or refrain from acting, is the Federal Court of Canada.
If you require further information contact Passport Canada at 1-800-567-6868 or visit their website: www.passportcanada.gc.ca
This article originally appeared in January 2007 addition of The Family Way.
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The above is not intended to constitute
legal advice. Please contact a lawyer to clarify your
legal rights.
