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Passport issue
#11
(05-02-2017, 07:46 PM)complexkane Wrote: I looked into the possibility of getting an Irish passport for my child.... the mother has to sign the document or take her to court to force the issue, exactly as you say Frisbo.

One positive though - if the child was born in Ireland, only the Mother has automatic rights to the child, the father does not!!!! That's what it states on the Irish passport website...ffs!!

Its the same all over the UK, as the law is anyone with PR can apply for a Passpport.

Only the mother gets automatic PR, unless
1, she is married to the father on the day of birth, when they get it
2, he is present and signs the birth certificate
3, by agreement, PR is gained via Formal Document
4, he gains PR via Court Application. In this case, PR is always granted where a DNA Test Confirms hes the father, unless the child is a product of rape.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#12
(10-23-2017, 09:30 PM)Tigre Wrote: Does the non resident parent ever have rights to travel abroad for up to 28 days like the lives with parent i.e. most likely mum? I applied for rights for holiday and they said they couldn't give me rights to travel but it would have to be agreed by mum as court couldn't decide that weirdly enough? So guess what that's never happening and if it is you know she'll be controlling everything. Has anyone ever applied for or actually been awarded same travel rights ? Praying for a miracle here guys...

Where a Child is entitled to hold a Passport for somewhere else as well as the UK or is not a UK National, its a grey area, so I am only going to comment as if this is a UK National only, currently located in the UK.

It is illigal to remove the child from the UK without the consent of everyone with PR.

A Resident Parent where the Child Arrangements (or Consent) Order says XXXX  LIVES WTIH XXXX gives that person the right to take the child out of the UK for holidays of up to 28 days at a time, but it does not give them the right to do this in the other parnets contact time without agreement..

A Non Resident Parent, can while getting a Child Arrangements Order made, or after one is made on application to Vary it, ask for the Court to award them this right also.  Unless the ex partner can show risk of no return, or Child Welfare/Protection Issues, its normal to get it, subject to informing the ex
Flight Details, Who is going, Where saying and providing an emergancy phone number.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#13
(10-24-2017, 09:33 AM)Tigre Wrote:
(10-24-2017, 07:52 AM)MarkR Wrote:
(10-23-2017, 09:30 PM)Tigre Wrote: Does the non resident parent ever have rights to travel abroad for up to 28 days like the lives with parent i.e. most likely mum? I applied for rights for holiday and they said they couldn't give me rights to travel but it would have to be agreed by mum as court couldn't decide that weirdly enough? So guess what that's never happening and if it is you know she'll be controlling everything. Has anyone ever applied for or actually been awarded same travel rights ? Praying for a miracle here guys...

Where a Child is entitled to hold a Passport for somewhere else as well as the UK or is not a UK National, its a grey area, so I am only going to comment as if this is a UK National only, currently located in the UK.

It is illigal to remove the child from the UK without the consent of everyone with PR.

A Resident Parent where the Child Arrangements (or Consent) Order says XXXX  LIVES WTIH XXXX gives that person the right to take the child out of the UK for holidays of up to 28 days at a time, but it does not give them the right to do this in the other parnets contact time without agreement..

A Non Resident Parent, can while getting a Child Arrangements Order made, or after one is made on application to Vary it, ask for the Court to award them this right also.  Unless the ex partner can show risk of no return, or Child Welfare/Protection Issues, its normal to get it, subject to informing the ex
Flight Details, Who is going, Where saying and providing an emergancy phone number.

Neither me the son or his mum are UK nationals but EU nationals from the same country. My first issue is that our country requires both parents to sign the passport application so unless she agrees to that then can the courts "force" her to sign it?
Yes you're right, she is the lives with parent and she can take our son out of the UK for up to 28 days without my permission. Courts said they see no problem why I cant travel however mum needs to give her permission. Because she never will I was hoping to apply for the same right as her to leave UK for up to 28 days without permission. I never have my son for longer periods than 28 days anyway so more wouldn't be needed. Although the court said they would agree to an application for holiday if mum refuses and application is reasonable it would of course be a hassle and get expensive if I have to keep doing that. So really hoping they will grant me the same right as you said as theres no child welfare issues etc . Would this be a specific issue order to vary the order ? Then what order do I need to the right to travel?

It would be a variation of a Child Arrangements Order if one exists, and it will just add in at the end that the Court allows you to take the child out of the UK for holidays, subject to and it will list what is requires.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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