child USA passport application

[00765]

My son carries dual US/UK citizenship however he is not allowed to enter theUS on his UK passport. My son's US passport has expired; he has spentevery summer of his life since birth in the US. He is now 10. His father &I are divorced but the custody issue was not dealt with in the divorce.

 

In order to get my son's US passport renewed both parents have to attend theUS embassy in person with the child. I asked my son's father back in January 2013,to go with my son & I to apply for the passport, he did not & has not responded.

 

 

US rules state as follows;

Important Notice: the written consent from the non-applying parent that accompanies an application for a new passport must be less than 3 months old. If not available, you will be required to furnish evidence of the appearing parent's sole authority to apply for the passport in the form of one of the following:

 

• Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent;
  
• Child's birth certificate listing only applicant parent;
  
• Adoption decree (if applying parent is sole adopting parent);
  
• Court Order granting sole custody to the applying parent (i.e the absent parent has no access to the child. Child's travel must not be restricted by that order;
  
• Judicial declaration of incompetence of non-applying parent; or
  
• Death certificate of non-applying parent
  

Can someone please advise me if the court can force my ex to go to theembassy with my son & I or can I can secure sole custody? My son requiresthe passport by Early July 2013.

 

Can I make an application for a Special Issue Order to get my ex to goto the embassy? I cannot afford to engage a solicitor. I'd be gratefulfor any advice. Thanks

[citizenB]

Have you spoken to the British Embassy about this - they might be able to help.

[00765]

Have you spoken to the British Embassy about this - they might be able to help.

 

No I have not. We are in the UK.

[00765]

No I have not. We are in the UK.

 

Citizen B your suggestion sounds interesting. Could u please expand on it ie r u suggesting I go to the British embassy in the UK, where we are based? What would I be asking? Thanks

[citizenB]

Yes, speak to the BE in this country

 

Explain the situation to them and ask if there is anything they can suggest. In which country is your son at the present time ?

 

TBH, I am just clutching at straws on your behalf, I have flagged your query in the hope that others on the site team might be able to advise.

[00765]

Yes, speak to the BE in this country

 

Explain the situation to them and ask if there is anything they can suggest. In which country is your son at the present time ?

 

TBH, I am just clutching at straws on your behalf, I have flagged your query in the hope that others on the site team might be able to advise.

 

Thanks citizen B I appreciate you even clutching at straws. My son lives with me here in the UK but always returns to the US every summer

[citizenB]

Righto. Will the thought of your Son not being able to visit him, spur your ex on to dealing with the passport situation ?

 

I am not quite sure that you will be able to issue proceedings to force him to do this, I simply dont know.

[00765]

Righto. Will the thought of your Son not being able to visit him, spur your ex on to dealing with the passport situation ?

 

I am not quite sure that you will be able to issue proceedings to force him to do this, I simply dont know.

 

He tends not to behave reasonably as far as our divorce is concerned. His (I think hatred of me), does not allow him to remember that his unreasonable behaviour actually affects our son.

 

So is my only option to commence custody proceedings which even if ruled in my favour is not going to be concluded before summer?

 

Can I not apply for some type if emergency order to get my ex to cooperate re the passport ?

[citizenB]

I simply dont know the answer to your question. I kind of get the impression that others have no advice to give either.

 

The only other thing I can suggest is that you communicate to your ex that if he doesnt co - operate, then you will have no alternative but to seek full custody, and that without a US Passport then you son is going to be the only victim in this as he will be unable to visit his father.

[dx100uk]

http://uk.search.yahoo.com/search;_ylt=A7x9Qb6IjEdRwjUALlZLBQx.?p=divorced+can%27t+get+son+a+US+passport&fr2=sb-top&fr=yfp-t-702&type_param=&rd=r1