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PASSPORT RESTRICTION FOR MINORS
A state court has the authority to order a parent, possessing a child’s passport, to surrender the passport to the court or the court’s designee. Such an order is enforceable by the court’s authorities under its state’s law. The court may hold the passport as long as it deems necessary to reduce the likelihood of the removal of a minor child from the United States. In such a case, the action to withhold the passport should be reported to the Office of Children’s Issues (address below) to prevent unauthorized attempts to replace it. Questions about the possible value of passport revocation should be sent to the Office of Legal Affairs (address below).
At the request of either parent or his/her attorney, the Department of State will give effect to the intent of state civil court orders regarding a child’s custody and/or travel by denying a minor child’s passport when appropriate. See 22 C.F.R. 51.1. A request for passport denial should be sent to the Office of Children’s Issues.
Moreover, independently, or in conjunction with a court proceeding, a parent or attorney may request the Office of Children’s Issues to place the child’s name in the Children’s Passport Issuance Alert Program (CPIAP) lookout system. Under this system, the Department of State will notify the requesting parent or attorney that a passport application is being filed for the child. In these cases, if the Department has on file a court order granting sole custody to one parent, or restricting the child’s travel, the passport would be denied.
All requests must be in writing, and include the child’s full name, date of birth, place of birth, social security number, address, and phone number of the requester.
It is vitally important that parents with concerns about parental child abduction consider CPIAP as an abduction prevention measure. While Passport Services does its best to prevent it, we are aware that some would-be abducting parents have succeeded in evading the Two-Parent Consent Law by the presentation of misleading or false evidence. Once a passport has been issued, its recovery, and the recovery of the child, is extremely difficult.
Unless parental rights have been removed, either parent, with or without custody, can obtain information about his/her minor child’s passport status as part of a passport restriction request.
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