Preventing Child Abduction: Passport cancellation?
Apr 10, 2024, 10:11 pm
#1
Original Poster
Join Date: Dec 2016
Location: Saipan, MP
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Posts: 203
Preventing Child Abduction: Passport cancellation?
Hello Flyertalk members. I truly apologize in advance if this post in any ways violates the forum rules regarding posting content.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
Apr 11, 2024, 7:19 am
#2
Join Date: Jan 2003
Location: NYC
Posts: 8,498
You should definitely talk to your lawyer, but I think you probably need a court order (and you may need more than just "she's from another country" as justification for the court order). The CBP page on the subject implies that CBP and the Dept of State can't do much without a court order, so even if you reported it lost, I'm not sure it gets canceled, and I'm not sure she'd be prevented from getting a replacement unless a court order is in place to stop it.
Apr 11, 2024, 9:56 am
#3
Original Poster
Join Date: Dec 2016
Location: Saipan, MP
Programs: Marriott Ambassador, Hyatt Globalist, Hilton Diamond, Alaska 75K, United Platinum
Posts: 203
You should definitely talk to your lawyer, but I think you probably need a court order (and you may need more than just "she's from another country" as justification for the court order). The CBP page on the subject implies that CBP and the Dept of State can't do much without a court order, so even if you reported it lost, I'm not sure it gets canceled, and I'm not sure she'd be prevented from getting a replacement unless a court order is in place to stop it.
Apr 12, 2024, 11:28 pm
#4
Join Date: May 2005
Posts: 4,735
Hello Flyertalk members. I truly apologize in advance if this post in any ways violates the forum rules regarding posting content.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
Apr 14, 2024, 9:01 am
#5
Join Date: Apr 2024
Location: Brazil and USA
Programs: Travel Agent for Four Seasons Preferred program, Marriott Stars, Hyatt Prive, Rosewood Elite
Posts: 164
Hello Flyertalk members. I truly apologize in advance if this post in any ways violates the forum rules regarding posting content.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
I’m going through a very contentious divorce with my wife who is a non-U.S. citizen. In the middle of the dispute is our 2-year-old child, who is currently physically present in the U.S. (State of California). My wife is in possession of our son’s U.S. passport and I have valid concerns that she will attempt to leave the United States with our son and return to her home country which does not recognize the Hague Convention Treaty regarding child abductions. My only questions is this: will reporting my son’s passport lost or stolen ensure that he would not be able to board an international flight from the U.S.? Obviously the passport is not truly lost; my wife is in possession and could easily show up at an airport with that and other support documents indicating she is the mother and (one of two) current guardians of the child. The legal advice I’ve received is unsure on this matter so I was hoping that Flyertalk and it’s members may have some suggestions.
Thank you in advance for any help.
It's not uncommon for a court to order that a child who is the subject of a custody battle can not be taken out of the country. Discuss it with your lawyer, but you should file ASAP with the court asking for such an order, and that the other parent be required to surrender the child's passport to the court to prevent the child from being taken out of the country unlawfully.
Apr 26, 2024, 8:42 am
#6
Join Date: Apr 2002
Location: NYC
Posts: 9,125
Also take into account if your kid has the nationality of your soon to be ex-wife's country there may be a 2nd set of travel documents in play. I would move fast as there is an entire underground support network for mother's in this situation.