Guarding Against International Parental Child Abduction: Part II


Source: divorcelawyerconnecticut

Two Parent Signature Law for a Passport

The United States does not have exit controls on its borders for holders of a valid passport. This makes preventing a passport from being issued to your child without your consent very important. Generally, if your child has a passport, it can be difficult to prevent the other parent from removing the child to another country without your permission.

U.S.law requires the signature of both parents, or the child’s legal guardians, prior to issuance of a U.S.passport to children under the age of 16. To obtain a U.S.passport for a child under the age of 16, both parents (or the child’s legal guardians) must execute the child’s passport application and provide documentary evidence demonstrating that they are the parents or guardians. If this cannot be done, the person executing the passport application must provide documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is acting in place of the parents and has the consent of both parents (or of a parent/legal guardian with sole custody over the child to the issuance of the passport).

EXCEPTIONS: The law does provide two exceptions to this requirement: (1) for exigent circumstances, such as those involving the health or welfare of he child, or (2) when the Secretary of State determines that issuance of a passport is warranted by special family circumstances.

Children’s Passport Issuance Alert Program

You may also ask that your child’s name be entered into the State Department’s Children’s Passport Issuance Alert Program (CPIAP). Entering your child into the Children’s Passport Issuance Alert Program will enable the Department to notify you or your attorney if an application for a U.S.passport for the child is received anywhere in the United Statesor at any U.S.embassy or consulate abroad.

If you have a court order that either grants you sole custody, joint legal custody, or prohibits your child from traveling without your permission or the permission of the court, the Department may refuse to issue a new or renewal U.S.passport for your child. The Department may not, however, revoke a passport that has already been issued to the child. There is also no way to track the use of a passport once it has been issued, since there are no exit controls for people leaving the U.S.If your child already has a passport, you should take steps to ensure that it is kept from a potential abductor by asking the court or attorneys to hold it.

IMPORTANT TO KEEP IN MIND:

  1. The United Statesdoes not have exit controls.
  2. The Department of State may not revoke a passport that has been issued to a child, but you can ask a court to hold onto it.
  3. There is no way to track the use of a passport once it has been issued.
  4. Your child might also be a citizen of another country (dual nationality). Even if he/she does not have a U.S.passport, your child may be able to travel on the other country’s passport.

The Privacy Act and Passports

Passport information is protected by the provisions of the Privacy Act (PL 93-579) passed by Congress in 1974. Information regarding a minor’s passport is available to either parent. Information regarding adults may be available to law enforcement officials or pursuant to a court order issued by the court of competent jurisdiction in accordance with (22 CFR 51.27).

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