Mother refuses to sign 15 yr old daughter's passport renewal application

Discussion in 'Family Law Forum' started by GeoffG, 8 June 2019.

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  1. GeoffG

    GeoffG Member

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    Hi

    I (the dad) have booked my 15 year old daughter on a USA Basketball tour leaving Melbourne on December 4th 2019 (the day of her 16th Birthday) and returning to Melbourne on 22nd December 2019

    The mother knew about the idea to allow my daughter go on this tour and saw the itinerary and emailed the travel company and tour manager to ask questions about the tour.

    The condition of the mother giving her consent, was that the daughter would spend time at her home and improve their relationship. The daughter lives with me 100% of the time and there are no court orders

    This has not happened in the six weeks since I payed the 1st installment payment ($1500) and the mother is refusing to sign the passport renewal application form until her daughter makes an effort. The relationship is strained due to the mother's parenting style when she was smaller.

    The mother is refusing to contribute to the cost of the tour, which is disappointing, but not unexpected.

    The daughter will be travelling on her own with the tour group, and I will be staying home in Melbourne.

    What are my chances of getting my daughter's passport renewed without the mother signature ?

    Thank you

    Geoff
     
  2. sammy01

    sammy01 Well-Known Member

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    You'll need to make a court applicaiton asap.
    15 yr old kid? sounds pretty mature for her age given you're prepared to let her go to the USA.

    SSHH come in tight, keep this top secret.... I reckon a quiet chat with the daughter. She needs to realise she isn't gonna like everyone she has to interact with in the world / work force.... A bitter pill to swallow. So pack the kid's bag and the passport form. Tell the ex the form needs to be signed when you come back to pick up the daughter. Realise the ex will agree then stuff you up....
    So, then you can tell her that you'll drop the kid off for another visit, you will provide a form and bring a witness... (you need one to witness her signing the form). Make sure the ex understands that is the purpose of the witness. BTW - on passport forms there is an emergency contact person. Make that mum... I know, I know, but my ex refused to sign the form because she wasn't the emergency contact person. So on the second visit - mum has to sign the form or the kid will get back in the car and come home with you...

    Now if you get onto this asap you should have the paperwork done. Now school holidays are coming up. Take that opportunity to get the kid to mum...

    So to quote from Graham Richardson - "do what ever it takes". Tell the kid to suck it up and be nice.

    WARNING - until you get the passport back, don't risk it. See once you apply for the passport, they might call the ex. She might think it funny to deny signing the form. So over a 6 week period the kid will need to suck it up and go see mum 3-4 times. Once that passport is in your hot little hand the rules change. Daughter can choose to continue to see mum and that would be good... But, if they don't mend the relationship, well you tried and the kid gets to go to the USA....

    If you hit a stop sign and she stuffs my little plan up, apply directly to court.
     
  3. GeoffG

    GeoffG Member

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    Thanks Sam
    These tours are designed for experienced teenage basketball players and more parents don't attend than attend. The itinerary is set for everyday and for most days over the 2 weeks they are either playing matches or in training camps and a bit of sight seeing. Me be present would cramp her style and I don't have another $6,000 for me to be her chaperone

    Thanks for the practical advice and I think that is then only way to get the signature. Daughter is head strong, but sometimes you have to "fake it to make it" so to speak.

    Daughter is wrapped up in her teenage world, friends etc. Its not like I am getting offers to hang out with her. I am just the provider.

    But its a give and take world and nothing ever rarely works out without compromise.

    Lets see how we go

    Cheers

    Geoff
     
  4. sammy01

    sammy01 Well-Known Member

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    I'd be letting the ex know that you're not forking out the next installement until she signs the form. You've got to be strategic... The fact is court is gonna cost $$$. All you can do is try your best and make sure the kid knows you're trying. IF she doesn't go, it wont be your fault...
     
  5. Hummingbird

    Hummingbird Well-Known Member

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    You could send an email or written proposal for specific dates (which you negotiate with your daughter) where they see the child. Something that maybe only covers a period over the next few months as if this goes to court, you're looking at a decent period of time before it gets heard. If the mother repeatedly makes negotiating difficult or still refuses to sign you can make a written request to the Approved Senior Officer of the Dept of Foreign Affairs and Trade for approval to gain a passport for your child under 'special circumstances'. Check online with this or give them a call to confirm the right contact details for this person. They may grant the passport or decline. If they decline, you can apply to the court to grant permission for your daughter to travel. Their main concern in this case will be whether the travel is in the best interests of the child, which in you case it certainly seems to be a great opportunity for them. Your case would also be helped if you volunteer to cover all travel costs. The mother can dispute this and try to prevent the passport being allowed, but unless she has a valid reason for this she may not be successful. Generally the court will entertain denial if one parent is concerned international travel is the precursor to international relocation or there is a concern over dangers posed by the destination. In her case she may try to argue that you have not been encouraging the relationship between her and her daughter, but since you do not have any custody orders in place, and your daughter is 15 years old and her desires for parental contact should be considered, her argument might be pretty weak. My main concern would be getting this all wrapped up in time for the trip.
     
  6. GeoffG

    GeoffG Member

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    Thanks Hummingbird for your response
    The travel is definitely in the best interest of the child. It is related to her future after school
    My lawyer sent off a letter yesterday to my ex-wife lawyers. Basically requesting she sign the passport forms by 21st June (next pay instalment due).
    Have organised mediation. But appointment not until 15th July. Ex-wife away in July overseas
    Her reasons for not signing is merely blackmail.
    The daughter has given up on her mother. There is too much history and blackmailing will not change anything. It will only put an end to any chance of reconciliation
    This trip is solely an opportunity for my daughter to learn about the USA college system and whether it is something she wants to pursue after school finishes in 2021
    I am paying for the trip. Ex-wife won't contribute one cent unless the daughter spends more time at her home
    Their relationship is broken.
    I am not sure how my ex-wife was able to get passports for the children in 2013 without my consent and I was around.
    Looks like a court order is going to have to be lodged in the Federal Circuit Court.
    I can't see how any independent arbitrator could deny giving my daughter a renewed passport
     
  7. sammy01

    sammy01 Well-Known Member

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    Your ex wife forged your signature. She could not get a passport without 'your signature'
     
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