My ex wife wants to go overseas my kids are 6 and 13 they are in my surname can she take them out of the country without me signing what are my rights as a father.
I was freaked out about this same issue when my Iranian exhusband wanted to get divorced. He moved away and I started panicking thinking these thoughts. I went to the post office and asked for these passport apps and immediately I was told both parents have to be present if the children are under the age of 13. Both parents have to show photo ID's and give oath that they are the lawful parents and they both consent to the passport. So I think you will be safe. If the child is 13 there must be a notarized letter from you stating you are okay with her taking the child out of the country. If she falsifies she could lose custody.
BOTH parents must be physically present to sign the passport application when it is submitted BY LAW (created for this very reason). The only way around this is if one parent has full custody of the children (and has the court papers to prove this), if one parent is dead (with the death certificate to prove this), or with a notarized letter from the other parent.
she can take them, but you could press charges for child abduction. she has to divorce you, and THEN gain full custody of your children. until then, she SHOULD have NO legal right to do so... I think.
I know in australia you cant get one without both parents signature but it depends on if it is done legally?
Your profile says you are female? I'm confused with your question.
my husband is in jail hpw do I get a passport with out him