I live in Canada, xMM in the US. We are in complete NC and I have filed an order of support with the court in his state. He was served a few weeks ago. I tried to work out a settlement right at the beginning but I was ignored. I was left with little other choice but to hire an attorney. They actually requested that it be done through lawyers.

So okay...about 5 weeks ago I sent him an already filled out passport application for my daughter. Even sent a self addressed stamped envelop. He needs to sign it because his name is on the BC (at his request). I did not send it to the house but to the address they asked me to send all corespondance. I never heard a reply nor did I receive the signed application. I can not cross the border without it. My whole family is spending x-mas with my sister in FL and I wanted to bring my girls. So...I spoke to my attorney and he had papers drawn up so we can bring it to a judge. I called xMM last weekend when I knew his phone would be on VM and begged him to sign it and not make me take it to court because of the costs involved. He ignored the call.

So my question is, before I sign the petition, should I try calling him again? In the petition is a request that he be responsible for any and all legal fees pertaining to this matter because he would deal with this outside of a courtroom.
Also...what could his possible motive be for not signing it?

No twilight. Don't call him again.

He has notified you in the past of his desire for no contact and any necessary contact to be made through your attorney. If they are following MB principles (or perhaps their counselors or their own boundries)--No Contact means NO CONTACT--none, nada, zip, zero. Not in person, by phone, by mail, by email---none.

Don't feel bad about having to go through the attorney, thereby creating an additional expense for him. Judging by the info you have provided in the past, lack of money is not an issue for him. Saving his marriage is.

And as to his motive for not signing it? Perhaps at this point he feels the need to run EVERYTHING past his attorney prior to ANY signatures on ANYTHING, fearing possible repercussions. Or perhaps he is more comfortable with the current distance between you and fears you may attempt further contact if you were closer, even for just a Christmas visit.

Good luck to you and your daughters..and I do hope you get the paperwork you need to be able to spend the holidays with your family.

point taken...although I don't know what he is afraid of. He's already signed paternity papers and the declaration of birth. He insisted his name be on the BC. Had I known he was going to go NC I would never had put it there. It creats a multitude of problems for me...he and I discussed that prior to the birth. I understand his not having her declared a citizen, as it requires more work but signing a piece of paper and re-stuffing an envelope??? Is it possible he hasn't seen it? Would you as his wife (she is in that super angry stage) have just thrown it out?

As for not wanting me to be closer...my sis lives in the South East and he lives in the Midwest. I'm closer to him here than there.

For some reason, this particular issue frustrates me more than anything else. Strange.

If you sent it to the third party, they probably have gave it to the attorney. Could the wife have torn it up? She could have. But the whole reason for having the 3rd party is so the couple deals with nothing. They have the laywer deal with it.

Now, could it be that the laywers are looking into more things? Maybe there is a dual citizenship problem here? Imigration laws could be hindering this also.

Leave it to your laywer to handle. He knows when you need it by. That is what he is paid to do.

I still don't get this. If his name is on the BC and you have it, why don't they let you have a passport? Are you asking for American Citizenship?

I think you will be in FL with your baby this Christmas. It will work out.

the passport application requires both signatures and a copy of the custody arrangement. Even with the passport it's possible that I will need written permission from him to cross the border. My exh needed it from me to take my older daughter camping last summer. This is for her Canadian passport. He has not had her declared an American citizen...that will also have to go through the courts.