A parent expressed concerns yesterday about issuance of a passport to a child. The parent's fear was that the child might be taken out of the country and not returned. Certainly, the Hague Convention, can be of assistance in recovering children. However, this is an expensive, time-consuming, and not always successful process, particularly if a child is taken to a country that is not a Hague Convention signatory.
As a practical matter, Homeland Security is now requiring that any child have his/her own passport -- even for travel to Canada or Mexico. In a high conflict case involving one or more foreign-born parents, where there is a potential flight risk, there are certain protective measures that will help to prevent a parental abduction.
First, if these children do not already have a passport, there are several protections.
(1) Two-Parent Applications. The State Department will not issue a passport for a child under the age of fourteen if both parties share joint legal custody absent the written authorization of the second parent. Both parents are required to apply in person for a child's passport. There is, however, a procedure by which a parent may obtain a passport for a child without the other parent being present. This requires express written authorization in a notarized document and also a copy of the driver's license of that other parent. For more information about children's passports, see the Department of State website.
(2) State Department Children's Passport Issuance Alert Program. Second, there is a passport issuance alert program. If the children already have a passport, to prevent flight, this program under the auspices of the State Department, will "flag" a passport application upon notification by a parent. There is additional information here.
(3) Resources to help parents prevent abduction or to deal effectively with abduction. You will find all kinds of resources on the Law Links page of my website that help parents (a) protect against parental abduction, and (b) in the event of an abduction, help them act quickly in response, with the right agencies to assist. See this particular bookmark on the Law Links page.
(4) Other posts on this Blog dealing with parental abduction can be found here.
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