How can my son get his passport ?

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I am married and have a 4 yr old son. I came to canada 5 years ago to work and left my husband. when my son was born, his dad was never here. he is overseas and never got in canada. but I got his dad's name on his birth certificate. now, I want to divorce with him and I have an annulment going on, back home. it's complicated because he is missing, or hiding. I couldnt get a hold of him. I want custody of my son and I need to get him a passport and I want to divorce him too
passport canada refused my son his passport because I couldn't get his father's signature as well as I don't have custody paper to show nor couldn't provide one for the court order. what will I do? his father never had access on him, never gave support nor seen him.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: You are entitled to seek a divorce, custody/access, support, passport entitlements, etc. in Canada as you have lived here for more than one year. Thus, we need to commence a Court Application to obtain all necessary Orders here. We will have to attempt to serve him, but if he cannot be found then we will have to obtain a Judge’s Order for either substituted service or dispensing with service. I can explain this to you if you call me for a free consultation. Either way, we can assist you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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