Distant father... both my daughter and I are Canadian

[Kasn]

Hello!


I have two questions - so sorry! Please bare with me as this is my first time.

I seem to have run into a life long issue to do the person I decided to have a child with. I have a 9 yr old daughter with a man who is American, while both my daughter and I are Canadian. She was born/raised in Canada.
I am trying to apply for her passport and the passport office is telling me that her father HAS to sign a form stating that he acknowledges/consents to the passport. I have a court document stating I have sole custody and that he only has visitation during christmas and/or birthdays. They are refusing me a passport because he wont sign the form. He said the only way he would sign it is if I go to court with him to give him joint custody which I am NOT interested in doing. He hasnt paid child support in 2 yrs and does NOT have a relationship with his daughter -

MY QUESTION - ** If he tries to take me to court for joint custody - do I have any right/say - will it even be granted due to being in two different countries? If he asks for specific access - such as 3 weeks in summer and march break and things like that, do I have the right to refuse those in court?

[AFFA]

re: Distant father... both my daughter and I are Canadian

I wish to inform you that if the father of the child does not consent for issue of passport to your parent then you may file a petition in the family court which passed the custody order. The court always considers the best interest of the child. You may inform the court that the father does not maintain relationship with the child. He has not paid child support in the past two years. If the father files for modification of child custody, you may inform the court that a sudden change in the environment of the child may affect her well being and the existing arrangement should continue. Generally, the court wants the child to grow up under the love and care of both the parents. However, you will have to show to the court that the present arrangement is in the best interests of the child. The court may take the opinion of your child. The court will consider all the facts and decide the matter.

AFF

[Disagreeable]

re: Distant father... both my daughter and I are Canadian

I always love these parents that come on here complaining the father does not have a relationship with the child, when they live a significant distance apart and the custodial parent freely admits they deny visitations.

[goddessoflubboc]

re: Distant father... both my daughter and I are Canadian

The two different countries won't matter, she'll have her passport after all.

Why haven't you taken action for the lack of payments? He is legally obligated to support his child so he should be doing so.

I would be surprised if a judge did not grant him more liberal access, especially since she is older now.

[Kasn]

re: Distant father... both my daughter and I are Canadian

I always love these parents that come on here complaining the father does not have a relationship with the child, when they live a significant distance apart and the custodial parent freely admits they deny visitations.

I am not sure if this was a personal attack on me, or if you have a child in another country (and I was NOT complaining, I was simply stating the facts in order to obtain the best advice) - however in MY personal opinion, there are MANY things you can do have a relationship with the child without the expenses of traveling. Her father does not attempt ANY suggestions I have made for him to have a relationship with her. He simply makes excuses. In this day/age with modern technology, there is NO excuse for lack of effort. Also, as I see it, him denying her a passport is simply hurting his child by not allowing her to fly anywhere (or even to fly to see him!).
I have in no way shape or form denyed him access without reasonable cause and even had the police involved and on my side as to ensure I was not being unrealistic.


On another note - I do appreciate all the feedback from everyone and will be doing up an emergency motion to take to the judge either today or Monday in hopes to have the passport granted.

[Kasn]

re: Distant father... both my daughter and I are Canadian

The two different countries won't matter, she'll have her passport after all.

Why haven't you taken action for the lack of payments? He is legally obligated to support his child so he should be doing so.

I would be surprised if a judge did not grant him more liberal access, especially since she is older now.

Thank you for your feedback, I am currently in the process of trying to file through the FRO - however with it being two different countries, they informed me it can take 6 months - 1 yr before the first step is taken as I do not have a current address for him and they have to find a way to track him based off the information I DID provide them (previous address, parents information, previous job.. and so on). So unfortunately, I could be looking at a lengthy process before I see any monies owed.
If you have any other suggestions about that process, I would more than appreciate your feedback.

[aum]

Re: Distant father... both my daughter and I are Canadian

Hello Kasn,
I m a little bite in a same situation of yours. Dad of my child recognized our child in french consulat but not in usa gouvernement and i abandonned us since fews years and do nont want to signe THE needed paper who prov that he was on usa floor for many years. And because he treated us badly i decided recently to file lawsuit againts him.

Hope every thing will be fine for you.

[cas8180]

Re: Distant father... both my daughter and I are Canadian

I am sure your circumstances are different. But currently my wife is Canadian. We have been together and lived together here in the US for 3 years. One month after she got her greencard and also found out she was 3 months pregnant with our baby. She got a wild hair up her butt and thought it would be a good idea to fly back to Canada and get a job get a place and finish school. At least that is the excuse she gives everyone. Its been pretty devastating as a soon to be father to be completely abandoned like this. And have the joy I have waited my whole life for stripped away from me. I have basically missed the entire pregnancy. My wife knows I am banned from Canada because of a DUI I got in 2008 but that didnt stop her from leaving. I was in the process of trying to get it resolved but she didnt care she left anyways. Now I am left here wondering if I will get to be a father. She is a complete control freak and insist on raising our baby with her and her girlfriends back in Canada. She keeps trying to manipulate me by acting like she will come here last minute and have the baby here. I just dont know legally what to do. And this is extremely emotionally hard on me has I am the type of man who really was looking forward to being a dad. And just the fact that a woman can do this that they have this type of power and can just take a child from another person like this and there is very little recourse just makes me sick to me stomach. I trully fear that I am going to miss the birth of my daughter and it just brings me to my knees.