Maybe getting a restraining order on "him" would do the trick (harsh I know, but it would explain his absence)

Unless you have sole legal custody both parents have to appear in person.

See this for further information: http://travel.state.gov/passport/get/minors/minors_834.html (especially step 7).

It saddens me that the age old motto of "Keep your friends close and your enemies closer" has to ring so true in real life. As the system goes that's exactly what lawmakers expect. It makes no sense in reality but for them it makes sense on paper.

Good luck, I hope this works out for you.
There has to be a safe way of approaching or contacting the ex even if it's through a secondary party. (??)

so my divorce decree gave us joint managing conservatorship, then we added an addendum later that gives me "primary managing conservatorship" and he has "posessory managing conservatorship" the words "sole custody" are never mentioned. it lists things we each have the right/responsibility to... basically "posessory managing conservatorship" means that he can make decisions only while he has possession of them... which is never and he was granted supervised restricted court visitation only.. meaning he can only see his kids every other saturday for one hour with 2 police officers and a social worker present.... so as a posessory who doesnt even show up for his supervised visits, he basically retains the right to be notified in the event of a terminal illness, injury or death. but it doesn't say shit about passports or travel or blah. i do have a "can't move farther than 100 miles away" restriction though......

i was trying to explain this to the people on the phone and they said that unless my decree specifically spells something out, i have to have a notarized form from him in order to obtain their passports and take them out of the country.

but they don't give out "supervised restricted visitation" like that unless there is a serious and documented history of domestic violence, contacting him would be bad for him because of his fragile mental state, and bad for me and the kids because of his fragile mental state and history of psychotic violence. so apparently that may fall under things that give me an exemption.

fuck the state department. >> ^rasch187:

Unless you have sole legal custody both parents have to appear in person.
See this for further information: http://travel.state.gov/passport/get/minors/minors_834.html (especially step 7).

maybe if he has such a fragile state of mind, then one of his relatives could be granted Power of Attorney for him, and as such, they could sign off on the passports for your kids.