Modified Joint Custody and Getting a Passport

My question involves a child custody case from the State of: NY

I share modified joint custody with my ex husband for two daughters, 13 and 10. I have primary physical custody. This modified joint custody agreement basically gives my ex no real say in matters of education, health, etc. It stipulates that I notifiy him via email. BUT, if he does not agree, it is my decision. He has no visitation, only supervised if I am present or someone I deem appropriate. All phone conversations are to be monitored by me. He cannot go to school. I basically have all rights and we agreed to this to avoid a trial and pacify him because he would not agree to me having sole joint custody, on paper. He is not an active part of my daughters lives. He just likes to say he has some control. He is not mentally stable enough to be unsupervised, we have spent years in the courts with counselors, etc....

My issue is that I want to live and travel freely with my daughters and they with me. I would like to be able to get them passports, as we like to travel and would like to opportunity to travel abroad. I also travel for teaching vacations and it would allow them to be with me. Does anyone know anything about ths "modified joint custody", if I can a passport, if he wont sign the Passport Consent Form... and I know he wont. Should I petition the court to modify the order to allow the passport ? Can my children speak on their behalf ? They barely speak to him, much less see him.

Does your order state that you have sole legal custody?

No thats the problem from what I see on the passport requirements. My order states joint modified legal custody. Its basically what I have but not on paper. I just read in a past thread that someone said a judge could force the signing of the consent ? I guess I would have to seek a modification of my order ?

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Quoting lamorin16

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No thats the problem from what I see on the passport requirements. My order states joint modified legal custody. Its basically what I have but not on paper. I just read in a past thread that someone said a judge could force the signing of the consent ? I guess I would have to seek a modification of my order ?

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Yes, that would like be your best option at this point. If at all possible, take the applications with you to court so that the judge can order him to sign them then and there.

In the alternative, once you have actual travel plans and find that your ex- won't consent to the passport application, you can seek a court order specifically permitting you to travel with the child to the foreign nation, and use that order as a basis for getting a passport without the other parent's consent.

Thanks thats good advice! Could my 13yr old daughter speak on her behalf or do they frown upon that ?

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We have support court next month and he is always behind, this appearance is to make sure he is catching up... I have been toying with the idea of offering to forgive his arrears, he owes me about $1000. Have the passport papers ready to sign.... I know I shouldnt have to do this but sometimes to you have to give to receive.... any thoughts on that?