Travelling with Kids - Expired Passports

[LisaMarie]

Hello,

Owing to some difficulties in getting my Ex to sign our kids passport renewal forms, I have not been able to get their passports renewed since it expired in September last year (2009)

Given this situation, can I travel back/forth between Canada and the US with their expired passports until i get it renewed later this year. They still have valid TD visa/status in their passports, and I have their original birth certificates. And my passport is still valid.

Thanks in advance for your assistance - LM

 

[nelsona]

By air, you can forget it. Even children require a valid passport to travel, unless they have a green card or a nexus card:
http://cbsa-asfc.gc.ca/media/release-communique/2009/2009-06-01-eng.html

"The U.S. document requirements for air travel require Canadian citizens flying to, through or from the United States to present a valid passport. A valid NEXUS card is also acceptable when used by a NEXUS member at a NEXUS kiosk at designated Canadian airports or at any U.S. airport when returning to Canada. The air travel requirements apply to all Canadian citizens, regardless of age, including children."

By land, you are fine with their birth certificate. It's up to you if you think an expired passport is equivalent.

Starting June 1, 2009, Canadian citizens are required to present one of the following valid documents when seeking to enter the United States by land or water:

a passport;
a NEXUS card;
a Free and Secure Trade (FAST) card;
an enhanced driver's licence/enhanced identification card (available in British Columbia, Manitoba, Ontario and Quebec); or
a Secure Certificate of Indian Status (when this certificate is available and approved by the United States).

Canadian citizens aged 15 years or under only require proof of citizenship, such as an original or photocopy of a birth certificate, or an original Canadian citizenship card. Canadian citizens aged 18 years or under who are travelling with a school or another organized group, under adult supervision with parental/guardian consent, may also present proof of Canadian citizenship alone.

Specific to your situation, of course, they need proof of their US status (I-94 in TD).

 

[Concerned4us]

Hello,

Owing to some difficulties in getting my Ex to sign our kids passport renewal forms, I have not been able to get their passports renewed since it expired in September last year (2009)

Given this situation, can I travel back/forth between Canada and the US with their expired passports until i get it renewed later this year. They still have valid TD visa/status in their passports, and I have their original birth certificates. And my passport is still valid.

Thanks in advance for your assistance - LM

Give custody of the children to your ex. It is apparent that your ex does not want the children removed from the country and is withholding permission to have their passports renewed to prevent you from removing them from the country; it is a matter of family - not immigration - law.

 

[nelsona]

Concerned makes a good point. You'll need more than passports to cross border. Without notarized permision from other parent, no children can cross the border these days. His solution to give custody away however is not to be made so hastily.
Bad experience, concerned?

 

[Concerned4us]

Not personally at this time. I also follow family law issues dealing with custody and grandparents rights. I worry about my nephew being kept from my sibling.