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Passport issue
#1
Long story short, got access sorted out last year but now I'm going away with my little lad in summer.

Ex is refusing to give me his passport until the 11th hour.
What can I do apart from simply trusting her?
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#2
Good question mate, I will follow this one closely as I will have the same issue.

Someone mentioned that children can have 2 passports.... but surely not? Would make sense for separated couples but I cant see it being the case.
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#3
I think it's just a power trip for her, but she makes out like she's keeping it safe.

Someone mentioned a specific issue order but it's more expense.
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#4
(05-01-2017, 06:02 PM)johnwtaylor1980 Wrote: Long story short, got access sorted out last year but now I'm going away with my little lad in summer.

Ex is refusing to give me his passport until the 11th hour.
What can I do apart from simply trusting her?

If you have been given the right to take the Child out of the UK by a Court, then apply to vary the Order, to have it added that you want the passport 21 days before you are you to travel, to check that they are not damaged and valid (some countries you need them to be valid for 3 or 6 months past expected departure). It will also need to say that if its in use in that period, they should be handed over in under 48 hours of the child arriving back to the UK, or when collecting the child for contact (what ever come first).

If its not covered on a Court Order, apply for the same thing, but as a Spercific Issue Application.

If your contact is on a Court Order, and she breaks it leaving you out of pocket, on a C79 you can apply for Enforcement and also a Costs Order, to cover your losses as a result of it.

(05-01-2017, 06:04 PM)complexkane Wrote: Good question mate, I will follow this one closely as I will have the same issue.

Someone mentioned that children can have 2 passports....  but surely not? Would make sense for separated couples but I cant see it being the case.

Where a child is entitled to hold a passport for more than one country, it can be one each. You might of seen this on a recent thread here where the Child is entitled to a UK one, due to mother and being born here, but also Greece, as farther from their.

Where the child is only entitled to one, then its normal  for the parent who gets Child Benefit, to hold it except when its being used on contact.
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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#5
Thats awesome guys I'll try and vary the order first and see what happens.

The court order was to sort out access and it pretty much covers holidays abroad, just nothing about handing over the passport. She just simply doesn't want to give it to me closer to the time.
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#6
Hey John

Its a control thing... I got to 20 hours before travel before I was handed passports and even then it was suggested in exchange for Birth Certs (how i laughed). Had a injunction set up ready just in case but real risk of missing a holiday - then I would have sued for the cost

2 options (apart from the great advice by MarkR)
You smile and say 'whenever, we will be leaving this house at X am on such a date" and hope for the best
or you go round explain you have to be adults (I know, I know!!!) and that you consider X days in advance is reasonable (I know, I know!!!)

Good luck
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#7
Hi,

The passport issue does effect me and my children also and I am also worried that I will come across what has been described here.

I just asked myself who would have jurisdiction if a child is entitled to hold a passport from another country also.

For example my children are British / German.
Mum holds a British Passport for the children and with Brexit I will ask that both children can have a German passport also.

In the U.K. I believe it is possible that anyone with PR can apply for a passport for a child.
So, Mum does not need my signature to obtain a passport.

In Germany that is not possible and both parents have to sign the application.

If mum refuses to sign this application I would need to go to court here in the U.K. for a SIO that I can apply for a German passport for my children.

The court here will laugh at me and say that this is not in their jurisdiction, right?

Even if I end up with a Uk court order then the Germans will tell me to stuff that...

So, realistically it is close to impossible to get a second passport if mum does not agree.

Any views???

F.
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#8
(05-02-2017, 06:16 PM)Frisbos Wrote: Hi,

The passport issue does effect me and my children also and I am also worried that I will come across what has been described here.

I just asked myself who would have jurisdiction if a child is entitled to hold a passport from another country also.

For example my children are British / German.
Mum holds a British Passport for the children and with Brexit I will ask that both children can have a German passport also.

In the U.K. I believe it is possible that anyone with PR can apply for a passport for a child.
So, Mum does not need my signature to obtain a passport.

In Germany that is not possible and both parents have to sign the application.

If mum refuses to sign this application I would need to go to court here in the U.K. for a SIO that I can apply for a German passport for my children.

The court here will laugh at me and say that this is not in their jurisdiction, right?

Even if I end up with a Uk court order then the Germans will tell me to stuff that...

So, realistically it is close to impossible to get a second passport if mum does not agree.

Any views???

F.

To update the thread, text messages sent as I know the off site detail in this case.
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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#9
Guardianship status of fathers in Ireland

All mothers in Ireland, irrespective of whether they are married or unmarried, have automatic guardianship status in relation to their children, unless they give the child up for adoption. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child. The rights of parents to guardianship are set down in Section 6 the Guardianship of Infants Act, 1964. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and where he/she lives.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. The statutory declaration (SI 5 of 1998) must be signed in the presence of a Peace Commissioner or a Commissioner for Oaths. If there is more than one child, a separate statutory declaration should be made for each.

If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.

However, he may be removed as guardian at a future date whereas a father married to the mother of the child is normally guardian for life.
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#10
Hi,

Similar in Germany.

Fathers only recently have been given much more equal rights and only after a few dads made it to the E.U. courts to vs. The State Germany. E.U. then put pressure on the government to reform the law.

Unmarried dads had no rights to there children unless a declaration was signed by both parents in front of a commissioner.

If mum refused to sign and it went to court it is only since a couple of years that dads now will be given the same rights unless there are any welfare concerns.

The chance of pushing a 50:50 model through very much depends on the district where you go to court. As a thump of rule the further south the more catholic and the less your chance.

Overall very slim chance and I found the UK law not as bad.

Somewhere I read that Scandinavia leads the way in terms of equal rights for fathers.

F.
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