For some separated parents whose case is special, renewing their children’s passports is a real headache. Stacks of documents to provide, endless calls, legal fees… the gray areas of the system force these people to follow a grueling bureaucratic process.
Posted at 12:00 a.m.
In April 2021, Isabelle Vallée sent a passport application for her teenager. Fourteen months and a dozen calls a few hours later, her son is still waiting for his new official documents.
In 2018, Isabelle Vallée and her husband formalized their separation, after 22 years of living together. In their divorce agreement, it was agreed that the father would have custody of the two children on weekdays. Isabelle, for her part, would have them for weekends and holidays. It was easier that way: the father lived 10 minutes from the school. Then, suddenly, on July 16, 2020, the latter died in his sleep.
A parent must house their children at least 40% of the time for custody to be considered joint, notes Ms.e Benoit Thibault, family lawyer. With weekends and holidays, Isabelle Vallée fell below this threshold. Her ex-husband therefore officially had sole custody of the children.
PHOTO ROBERT SKINNER, THE PRESS
Me Benoit Thibault, family lawyer
Isabelle Vallée provided the death certificate to the federal government, as required by Immigration, Refugees and Citizenship Canada (IRCC). She also sent a copy of her divorce decree, but that wasn’t enough.
Instead, the federal officials she was trying to explain her situation to asked her to provide them with a court order proving that she was “the children’s mother and legal guardian.” “These provisions protect the rights of all parties while trying to prevent child abduction,” says IRCC.
Me Véronique Jacques, a lawyer Isabelle Vallée hired to find a solution, regrets that her client has to prove her relationship with her children. “Custody returned to him automatically [après le décès], she explains. The jugement [de divorce] no longer has any value. How [son ex-mari] can he exercise custody if he is dead? »
Going to court to get a judgment that would change custody of the children is one possibility. However, it would be “completely absurd” in the eyes of Mr.e Benoit Thibault, since the father is dead.
“The death certificate should be enough, continues Mr.e Jacques. We should no longer ask the question. The kids are already devastated because their father died, plus there’s a possibility that they won’t be able to go on a trip. I find that deplorable. It’s a lack of judgment. »
” I could not any more “
Isabelle Vallée is confused: for her son’s driver’s license and health insurance card, the papers she has are sufficient. The passport story has cost her thousands of dollars in legal fees, which she can no longer afford. All that for a $57 document. “And you have to know that the $57, they took it,” she exasperated.
“The last time I called [Service Canada], it was in April, confides the mother of the family. I waited five hours… They told me on the phone that I was 575e no one waiting. »
In addition, we had to manage the death, the papers, go to the notary with my ex’s brother, follow up with the psychologist with the children… Each step was tough. I was on the verge of being emotionally drained. It’s not depression, but I couldn’t take it anymore. It was a lot.
Isabelle Vallee
Uncommon, but not an exception
According to Me Benoit Thibault, who has been practicing family law for more than 20 years, this is an unusual problem, but which nevertheless affects a certain segment of the population.
He mentions for example a case where the parents are in the process of separation. “It doesn’t happen frequently, but still enough to see that these are not exceptions,” says Me Thibault.
Service Canada, for passport applications made by divorced parents, requires to receive each of the judgments that have been produced in the context of the separation. Me Thibault struggles to understand the relevance of sending those who have been rendered inoperative.
“I want to make officials understand that the only judgment they need is the one in effect on the day of the request,” he argues. It’s more than logical. »
In response, IRCC simply states that “all documents referring to custody, mobility or access to the child must be provided with the application”. The federal agency does not provide further details.