There are certain times when divorced parents have to work together, and acquiring a passport for a minor child is one of them. The United States Department of State requires that both parents appear in person at the time of the application, until the child is 16 year old. If the parents are in agreement as to the travel plans involved, this task can go quite smoothly. If, however, one parent does not consent to the plans of the other parent, things get sticky.

To acquire a U.S. passport, the parent of a minor child must:

• Provide proof of US citizenship, such as an original birth certificate;
• Provide proof of the parental relationship, such as a divorce agreement; or
• Provide proof of adoption, if applicable.

If only one parent is present, that parent must also:

• Present a court order granting sole custody to the parent applying for the passport;

or —

• Present a court order permitting one parent to apply for the passport;

or —

• Present a valid death certificate of the second parent.

If a parent is incarcerated, or medically, cognitively, or mentally unable to give consent, a Family Part Judge may issue a court order granting the accompanying parent provisional sole custody, for the limited purpose of the passport application process.

While such restrictions may strike some as extreme, it is a process that has been borne of necessity to prevent abduction of children out of the country by parents who lack the custodial status to remove such children lawfully. According to the Hague Convention on the Civil Aspects of International Child Abduction, if a parent attempts to take a minor child abroad without the explicit, written consent of the other parent, signatory countries must immediately return the child to the country of habitual residence.

To avoid any unwanted trouble at passport control, a divorced parent traveling with a minor child should carry a notarized letter from the other parent delineating the other parent’s consent for the child to travel abroad. Additionally, it is a good idea for the consenting parent to list the itinerary in the document so there will be no dispute regarding intent while crossing borders.

The passport for a minor child is only good for five years. Once a child turns 16, s/he may apply for an adult passport, unaccompanied, which is good for 10 years.

If you are divorcing or divorced and you need help navigating the process with an uncooperative spouse or former spouse, you should hire experienced family law attorneys who are “compassionate counsel and tough advocates”.  We serve our clients as coaches, negotiators, and advocates, depending on your needs.  Call the Law Offices of Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online, for a near-term appointment to discuss your situation.  We offer a reduced fee initial consultation at our Central Jersey location.  We are ready to get started on your legal matter, so you may get started on the rest of your life.  Call today.