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One parent unable to appear If one parent/guardian cannot go with the child to apply for the passport, they can give permission by completing Form DS-3053 Statement of Consent. You must submit the completed form with the childs passport application.
Special Family Circumstance: Your request may qualify as a special family circumstance if the childs family situation makes it exceptionally difficult or impossible for one or both childs parents/legal guardians to provide the notarized, written statement of consent.
Both parents must attend and consent to the issuance of a minors passport, EXCEPT that: A parent who cannot attend may complete an affidavit found on the Passport Agency website, have it notarized and give it to the parent who is attending. If a parent is deceased, the other parent must present the death certificate.
Generally, if your ex wont sign it, then you will have to go through the courts to get permission. Generally, you would have to file a motion with the court asking the judge grant you an order that you can apply for the passport without the other parent. Unfortunately, without your exs signature they wont grant it.
Who can notarize DS 3053 form? In the United States, certified notaries who meet the legal obligations of the state and understand the government requirements of the DS 3053 form can notarize the document.
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People also ask

Department of State Form DS-3053, which is used to obtain the written consent from the parent or legal guardian of a minor passport applicant when they cannot be present at the time the application is executed, is being revised to be consistent with this rulemaking.
Both parents or guardians must approve that we can issue a passport to a child, and go with the child to apply in person. If one or both parents or guardians cannot apply in person with their child, you will need to show more documents.

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