Submitted by MomOfK on
Jurisdiction:
Area of Law:
Question:
Can I be FORCED to turn over my daughter's passport card to my ex with a court order that says nothing of a passport?
I told the judge I didn't want my daughter traveling out of the country. The judge nodded and said, "Of course". My ex told the judge "Alaska", so the judge replied, "Since Alaska is within the U.S." and ordered that my daughter be allowed to go on the trip and issued a court order that I relinquish her on a certain date and time and get her back at a certain date and time. Now, my ex and his lawyer are demanding I turn over her passport card. First, that card won't get her on the international flight into Canada which is part of his itinerary (he failed to mention) and second I don't think I should have to give it, based on the current court order. Please advise if I do, by law, have to abide and provide it, even if it's not exactly what he needs. My concern is that he'll use it to travel internationally by land or air to another country, if I provide it, without my permission.
Selected Answer:
A California judge does have
Submitted by Los Angeles Cou... on
All Comments
A California judge does have
Submitted by Los Angeles Cou... on
A California judge does have the authority to order one parent to turn over his or her child's passport to the other parent in situations where custody is shared. However, if a judge decides to to that, it will be made clear in the court's minute order, the document containing all the orders the court has made in a given session. If the court's minute order does not contain an order directing a parent to hand over a passport, or a similar order such as an order to turn over all necessary travel documents, then it is unlikely the court has ordered that the parent do so.
A California judge does have the authority to order one parent to turn over his or her child's passport to the other parent in situations where custody is shared. However, if a judge decides to to that, it will be made clear in the court's minute order, the document containing all the orders the court has made in a given session. If the court's minute order does not contain an order directing a parent to hand over a passport, or a similar order such as an order to turn over all necessary travel documents, then it is unlikely the court has ordered that the parent do so.