Home > The Court Process > Specific Issue Orders

Specific Issue Orders

By: Lorna Elliott LLB (hons), Barrister - Updated: 4 Aug 2017 |
 
Specific Issue Order Court Child Family

Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as:

        
  • Whether your child or children should change their name(s)
  • Decisions pertaining to their education
  • Whether they should have a particular medical treatment or operation
  • Whether they should receive religious or non-religious education
  • Taking the child to live abroad on a permanent basis
  • Preventing someone from having contact with your child

What the Court Will Do

As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. In the first instance, this meeting will endeavour to reach an agreement between the parents as to how to determine the issue. This needs the consent of both parents, which can often be impossible if there have been allegations of domestic violence.

Court's Discretion to Make Order of its Own Volition

It is important to note that a magistrate or judge may make a Specific Issue Order of their own volition. This is generally in situations in which the judge is satisfied that there is a risk that the parent in question may go ahead with a particular course of action without seeking the other’s consent. In other circumstances, and only if there are grounds to do so, the judge or magistrate may make a Specific Issue Order if the responsible parent is acting in an inappropriate way. This could relate to, for example, taking the child to places that are not deemed suitable for children, or leaving them in the care of a person who is unsuitable for childcare.

Directions For Hearing

If this meeting does not prove productive, the parents and the Cafcass officer, along with any solicitors representing either party, go before the District Judge or magistrates in order to obtain directions for a trial. Usually both parents submit witness statements, and the Cafcass officer (which could be the same person as before, but not necessarily) will then interview both parents and prepare a report. If possible, the Cafcass officer should see the child in the company of each of the parents.

Full Hearing

If the case then goes to a final hearing, each parent will give evidence in the Family Court and will be asked questions under oath by the opposing side. It is commonplace for the Cafcass officer’s report to settle matters before the final hearing happens and it is quite rare for a judge to find against the recommendations made in the report. If this happens, the judge must provide reasons for doing so. If the judge has made an error of law in coming to this decision, you can challenge the decision by way of judicial review. This is a complicated legal procedure, however, and you should always seek legal advice before embarking on such a claim. For more information, see the page on www.CourtroomAdvice.co.uk.

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My original post 24th July. She took one child to Scotland that day, without my permission and after I advised her not to as it would be breaking the order and I would take her back to court. They returned two days ago and I finally got to see my child today. I applied to the courts for a breach of court order and have been called back in a months time. Hoping there will be a punishment of some kind as she has been breaking the order in regards to spending time with our child who lives with me and regularly getting her hopes up and letting her down.
Anon - 4-Aug-17 @ 11:57 AM
Jon - Your Question:
Hi I have been having some issues surrounding my daughter's passport with my separated wife. I have been refusing to give my ex my daughters passport passport over concern that you might take to Poland. However, my ex applied for a renewed passport and got one and took my daughter to Poland without telling me. She did come back with daughter. After contacting the passport office, my daughter new passport was not checked properly as I was the original person to apply for the first one. So her passport was cancelled. My separated wife said she's going to take me to court as what to have the passport. On a few occasions she said to me if things don't work out here I will go back to Poland and if it does not work out with brexit she will go back with my child. What you I do if takes me to court to stop her? Any advice would be appreciated

Our Response:
Your ex has the right to apply to take you to court if she wishes to leave the country with your child, whether for a holiday or long term. You can see more via the link: Can I Stop My Ex Moving Our Children Abroad? here . However, if you feel your ex may take the children at any point without your consent, you can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order, whether you apply for it, or whether your ex does. You would have to prove why it was in your child's best interests to stay in the UK, whether that is family ties, education and your relationship with your child. However, your ex also has a right to move on with her life and if she can justify her reasons for wanting to move andifthe court thinks it is in your child's best interests then it will take this into consideration also.
SeparatedDads - 27-Jul-17 @ 12:15 PM
ANON22 - Your Question:
Can you apply for an urgent child arrangements order and a child arrangements order going forward at the same time? Mother disputing holiday previously agreed with father so urgent application being made in respect to this but also want to apply for child arrangements order to ensure that access continues to be given and mother does not stop father seeing child in the future.

Our Response:
Much depends upon the circumstances. You may wish to seek legal advice regarding this. Usually a child arrangement order for access is made only when access is denied and the resident parent refuses to attend mediation in order to try to resolve the issue out of court, please see link here.
SeparatedDads - 27-Jul-17 @ 10:10 AM
Hi I have been having some issues surrounding my daughter's passport with my separated wife. I have been refusing to give my ex my daughters passport passport over concern that you might taketo Poland. However, my ex applied for a renewed passport and got one and took my daughter to Poland without telling me. She did come back with daughter. After contacting the passport office, my daughter new passport was not checked properly as I was the original person to apply for the first one. So her passport was cancelled. My separated wife said she's going to take me to court as what to have the passport. On a few occasions she said to me if things don't work out here I will go back to Poland and if it does not work out with brexit she will go back with my child. What you I do if takes me to court to stop her? Any advice would be appreciated
Jon - 25-Jul-17 @ 5:01 PM
Can you apply for an urgent child arrangements order and a child arrangements order going forward at the same time? Mother disputing holiday previously agreed with father so urgent application being made in respect to this but also want to apply for child arrangements order to ensure that access continues to be given and mother does not stop father seeing child in the future.
ANON22 - 25-Jul-17 @ 10:51 AM
Anon - Your Question:
We have a child arrangements, prohibited steps order and specific issue order here which states as one of the court orders that neither parent can take either child out of the jurisdiction of England or Wales without permission from the court. The mother is taking one child to Scotland for an unknown period of time. She has highlighted a part of the paperwork which is generic on all the paperwork which states on the warning that it doesn't prevent the removal of the children for less than one month. I have been informed that the PSO overrides this bold generic part but she is still taking her. Is court on Monday my only option now?

Our Response:
You don't say when your ex plans on going, but you may not be able to get a hearing in time. You might wish to check with your solicitor what part of the order stands. Your solicitor could send a letter reminding your ex of the obligations of the court order and the repercussions if she breaches the order.
SeparatedDads - 24-Jul-17 @ 10:26 AM
We have a child arrangements, prohibited steps order and specific issue order here which states as one of the court orders that neither parent can take either child out of the jurisdiction of England or Wales without permission from the court. The mother is taking one child to Scotland for an unknown period of time. She has highlighted a part of the paperwork which is generic on all the paperwork which states on the warning that it doesn't prevent the removal of the children for less than one month. I have been informed that the PSO overrides this bold generic part but she is still taking her. Is court on Monday my only option now?
Anon - 21-Jul-17 @ 5:16 PM
Peach - Your Question:
Hi. My partners ex has been nothing but trouble since we got together. She makes everything difficult and clearly out of jealousy and bitterness. Our own baby is due in 5 weeks making us 1 family. Next year we want to book a family holiday to Florida and she's already been telling him 'you can't go with dad, somebody will steal you' just to scare him. Luckily he has his last name too. We've booked a caravan too at the new year. She had him last new year and this new year she's refusing to let us take him. She's a permanent hitler. What can we do?

Our Response:
As specified in the article, your partner's only recourse is to suggest mediation or if your partner's ex refuses, take the matter to court via a Specific Issue Order. The most important thing is to leave enough time for the case to be heard (which if the first break is not until new year, then your partner has plenty of time). However, even if an order is put in place, your partner's ex can still play awkward by coming up with an excuse nearer the time. In a case where a parent is taking a child away, it is very difficult to enforce after the event. Therefore, your partner may wish to seek some legal advice. I empathise, this can be extremely frustrating for a parent who wants to spend quality time with their kids, but who is thwarted at every attempt.
SeparatedDads - 21-Jul-17 @ 2:00 PM
Hi. My partners ex has been nothing but trouble since we got together. She makes everything difficult and clearly out of jealousy and bitterness. Our own baby is due in 5 weeks making us 1 family. Next year we want to book a family holiday to Florida and she's already been telling him 'you can't go with dad, somebody will steal you' just to scare him. Luckily he has his last name too. We've booked a caravan too at the new year. She had him last new year and this new year she's refusing to let us take him. She's a permanent hitler. What can we do?
Peach - 21-Jul-17 @ 4:59 AM
Sharky1712 - Your Question:
My fiance took my 3 young daughters aged 6 months,18months and 4 yrs of age last week and I know believe that she has told so many lies to authorities and has been moved into a hostel.She has now completely deleted her social media account and changed her phone number so nobidy can get In touch with her.I am on the children's birth certificate and do have PR but nobody is willing to help me gain access to my children.I have no idea why she's done this and as you can probably guess I'm at my whits end with worry, so much so that it's made me very ill. I'm led to believe that if she has been moved into a hostel or refuse then she would've been told to have no contact with anybody , but I know my fiance and this just isn't her ,, we had a loving relationship and I just can't understand why she would do this to me or just stop my children from.having contact with me.Can someone please help me with any advice as my fiance and chikdren mean everything to me.

Our Response:
Your only recourse would be to apply to court for access to your children. As well as filling in a C100 contact form, you would have to fill in a C4 form. This is an application for an order for disclosure of a child’s whereabouts and will allow the court to put a trace on your children in order for you to be able to bring the matter to court.
SeparatedDads - 7-Jul-17 @ 2:05 PM
My fiance took my 3 young daughters aged 6 months,18months and 4 yrs of age last week and I know believe that she has told so many lies to authorities and has been moved into a hostel. She has now completely deleted her social media account and changed her phone number so nobidy can get In touch with her. I am on the children's birth certificateand do have PRbut nobody is willing to help me gain access to my children. I have no idea why she's done this and as you can probably guess I'm at my whits end with worry, so much so that it's made me very ill. I'm led to believe that if she has been moved into a hostel or refuse then she would've been told to have no contact with anybody , but I know my fiance and this just isn't her ,, we had a loving relationship and I just can't understand why she would do this to me or just stop my childrenfrom.having contact with me. Can someone please help me with any advice as my fiance and chikdren mean everything to me .
Sharky1712 - 30-Jun-17 @ 5:19 PM
lobo - Your Question:
Hi there, My son has my name on birth certificate and I have PR. Since he was born his mum has been very difficult and it has significantly affected my child. When he was 8 I agreed (against my better judgment) to change his surname to hers as she was pressuring him and I was trying to think of his needs. The verbal agreement between us and my son was that she would agree to change back to mine if she got married. One year ago he had the second section 47 filed against her and I now have court arrangement order. He stays with me full time and mum is supposed to see him 3 hours a week but hasn't for a month as son won't see her. She has also since got married and has different surname. My son wants to be called my name (he is now 11) as he now has a different surname to both his parents! She is refusing to change despite agreeing by txt in January! Where do I stand if I go to court will they side with me? Thanks

Our Response:
The courts will usually opt for family uniformity. Now your child is aged 11, he will also be asked his opinion. The court will decide what it thinks is in your child's best interests, I don't imagine you will have a problem. It's just a shame it has to go to court.
SeparatedDads - 29-Jun-17 @ 4:08 PM
Hi there, My son has my name on birth certificate and I have PR. Since he was born his mum has been very difficult and it has significantly affected my child. When he was 8 I agreed (against my better judgment) to change his surname to hers as she was pressuring him and I was trying to think of his needs . The verbal agreement between us and my son was that she would agree to change back to mine if she got married.One year ago he had the second section 47 filed against her and I now have court arrangement order. He stays with me full time and mum is supposed to see him 3 hours a week but hasn't for a month as son won't see her. She has also since got married and has different surname. My son wants to be called my name (he is now 11) as he now has a different surname to both his parents! She is refusing to change despite agreeing by txt in January! Where do I stand if I go to court will they side with me? Thanks
lobo - 28-Jun-17 @ 7:37 PM
Dolly29 - Your Question:
My dad has booked a surprise holiday for the family, but my child's dad won't give permission to go as he wanted to take him in the next year or two, he's a aggressive guy An I don't know what to do, can he stop me from taking him away just through jealousy? As soon as I found out about it I told him, he doesn't pay maintenance An we don't have set days through out the holidays. Can you help please

Our Response:
You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad, here.
SeparatedDads - 23-Jun-17 @ 2:13 PM
My dad has booked a surprise holiday for the family, but my child's dad won't give permission to go as he wanted to take him in the next year or two, he's a aggressive guy An I don't know what to do, can he stop me from taking him away just through jealousy? As soon as I found out about it I told him, he doesn't pay maintenance An we don't have set days through out the holidays. Can you help please
Dolly29 - 21-Jun-17 @ 3:21 PM
Gumbear1221 - Your Question:
Hi there me and my family had an agreement with my 3 girls mum to take them on holiday after a few years of asking. Now she hasent paid a penny towards the passports I paid for them check and send and also the return of documents. We had a agreement for them to be send to my address but the passport office faild in following the cover letter we also had my ex sign. Now they have been deliverd to hers and now she is refusing to had them over passport office say this is now a civil matter we dont know wat to do weve booked to go away end of august. We just sicked she can do this the the girls.

Our Response:
Your only option is to apply to court for a Specific Issue Order. However, whether there would be time for this to be heard in court is another matter. You would have to seek legal advice.
SeparatedDads - 19-Jun-17 @ 3:15 PM
Hi there me and my family had an agreement with my 3 girls mum to take them on holiday after a few years of asking. Now she hasent paid a penny towards the passports i paid for them check and send and also the return of documents. We had a agreement for them to be send to my address but the passport office faild in following the cover letter we also had my ex sign. Now they have been deliverd to hers and now she is refusing to had them over passport office say this is now a civil matter we dont know wat to do weve booked to go away end of august. We just sicked she can do this the the girls.
Gumbear1221 - 18-Jun-17 @ 7:06 PM
Ka - Your Question:
I'm in the process of trying to change my sons name on his passport. My sons father has never bothered with my son since 6 months old my son is 7 nearly 8. My son was taken critically ill back in 2011 and the father was told to come and say goodbye as they thought my son wouldn't make it through the night. But he never came in. My son has never had a birthday card or Christmas present. To cut a long story short my son is better off without him, there's a few issues iv had like stealing money from my child which I had saved to take him away no contact etc. I changed my sons name by deed poll 3 years ago so at school etc he has my surname. However his passport is in his fathers surname. I recently took my son on a family holiday with my partners family we got stopped at the airport and was asked 101 questions it was very intimidating, my son now thinks he has done something wrong and is very upset over it. Can I apply for a persific issue order myself? Would the courts allow me to change my sons name. Thanks

Our Response:
If you have changed your child's name by Deed Poll then the name on his passport should always match his legal name. Therefore, you would have to change this, please see link here . If you have not change your son's name officially via Deed Poll, you would have to request permission from your son's father directly. If he refuses, then you would have to apply for a Specific Issue Order through the courts. The courts are likely to allow you to change your son's names for reasons of family uniformity and if he has been using your name for a significant period of time i.e through school/GP etc.
SeparatedDads - 15-Jun-17 @ 11:16 AM
I'm in the process of trying to change my sons name on his passport.My sons father has never bothered with my son since 6 months old my son is 7 nearly 8. My son was taken critically ill back in 2011 and the father was told to come and say goodbye as they thought my son wouldn't make it through the night. But he never came in. My son has never had a birthday card or Christmas present. To cut a long story short my son is better off without him, there's a few issues iv had like stealing money from my child which I had saved to take him away no contact etc... I changed my sons name by deed poll 3 years ago so at school etc he has my surname. However his passport is in his fathers surname. I recently took my son on a family holiday with my partners family we got stopped at the airport and was asked 101 questions it was very intimidating, my son now thinks he has done something wrong and is very upset over it. Can I apply for a persific issue order myself? Would the courts allow me to change my sons name. Thanks
Ka - 13-Jun-17 @ 3:28 PM
Dyffy - Your Question:
Hi in the early stage of divorce. Nothing been agreed yet regarding 10 years old daughter. Background: he left in feb 2016 he lived in a flat but never had daughter there for a night stay. He used to come every day to see her. Then he moved in a rented 3 bed house with new partner. His 19 years old son has one bedroom so is her 24 years old daughter. So again no room for our child to stay overnight. Been separated 15 months so far and daughter never stay one night. he sees her 9 hrs a week. 3hrs on Tuesday and Thursday and 3 hrs on sundays. His choice. I have always said he is welcome to see her any time or extra time as long as I have noticed. He hasnt took me up on that. For extra time it a hr before pick her up or when he pick her up which put me in a position were I have to say no as plan have already been made for him to say I stop him seeing his daughter or I have to cancel my plans so he can have her a bit longer or daughter is there and feel like she has to choose between mum and dad. Which it's not fair. Where we lives neither of us has familly. He is happy in his new life which is fine but I got no support here. I have been offered by his brother and sis in law to move near them. True enough school are better. I will have ok his family but they will support me. Our daughter will get to see uncle and aunts and cousins more often. And the eurostar is close by so easier commute for me and my family to travel to and from france. So more interaction with her french family. And the houses are much cheaper so I should be able to buy and have a mortgage in my name but not if I stay here. How should I proceed if I want to go through with the move? I will never stop him seeing his daughter. As j have proved that. He finish at 1 on fridays so even if we were to move 2.5 hrs away he would be there for when school funish. Or meet half way. And I could have her back on sunday evening. That also give him more hrs with child in one weekend than he does in 2 weeks. Can he stop me? When going throught mediation can I ask to have it in the paper that if in the future I want ti move somewhere else in england he wont stop me??

Our Response:
Mediation should help you be able to come to an agreement. However, if mediation fails and you still wish to move away you would have to apply through court. A court is unlikely to stop you from moving if you allow reasonable terms for access. At any point if you wish to move you would have to have the father's permission. Unless your ex agrees to putting something in writing that would allow you to move away in the future, you would have to apply to court under a Specific Issue Order. However, the court will only deal with issues that affect you currently, not ones that are speculative.
SeparatedDads - 12-Jun-17 @ 2:25 PM
Hi in the early stage of divorce. Nothing been agreed yet regarding 10 years old daughter. Background: he left in feb 2016 he lived in a flat but never had daughter there for a night stay. He used to come every day to see her. Then he moved in a rented 3 bed house with new partner. His 19 years old son has one bedroom so is her 24 years old daughter. So again no room for our child to stay overnight. Been separated 15 months so far and daughter never stay one night. he sees her 9 hrs a week. 3hrs on Tuesday and Thursday and 3 hrs on sundays. His choice. I have always said he is welcome to see her any time or extra time as long as i have noticed. He hasnt took me up on that. For extra time it a hr before pick her up or when he pick her up which put me in a position were i have to say no as plan have already been made for him to sayi stop him seeing his daughter or i have to cancel my plans so he can have her a bit longer or daughter is there and feel like she has to choose between mum and dad. Which it's not fair . Where we lives neither of us has familly. He is happy in his new life which is fine but i got no support here. I have been offered by his brother and sis in law to move near them. True enough school are better . I will have ok his family but they will support me. Our daughter will get to see uncle and aunts and cousins more often. And the eurostar is close by so easier commute for me and my family to travel to and from france. So more interaction with her french family. And the houses are much cheaper so i should be able to buy and have a mortgage in my name but not if i stay here. How should i proceed if i want to go through with the move? I will never stop him seeing his daughter. As j have proved that. He finish at 1 on fridays so even if we were to move 2.5 hrs away he would be there for when school funish. Or meet half way. And i could have her back on sunday evening. That also give him more hrs with child in one weekend than he does in 2 weeks. Can he stop me? When going throught mediation can i ask to have it in the paper that if in the future i want ti move somewhere else in england he wont stop me??
Dyffy - 10-Jun-17 @ 7:30 PM
fana - Your Question:
HI I wanted to know I have two autistic children father left when I was pregnent with my second child he came in a picture when he had immgrition issues he ask for contact in court due to children condition my children can not talk a word they are not aware of any danger on roads they can not dress or undress and they are still in nappies and they are more other problems with my boys father only have one hour contact under my supervison as the section 7 report said in 2014 now he ask me for boys passports and my and I refused so I end up in court again now he wants both boys for overnight stays and he want to take them out my ex lives with his brother in luton and some members of that family were arrested in attend to murdur of two year old child and the child died I am worried what will happen in court I have all the doctors letters about my boys condition and letter saying no overnight stays my kids are 7 and 6 but brains are 2 and 3 I am so worried about them the application father has but all the facts are incorrect can some one tell me what can be happen in my case he dont have any contact with my older child due to him getting stress and its really had to seperate him from me now school notice when ever my little one come back from contact he gets really cross and bit other kids and he hits his self.

Our Response:
Unfortunately, we cannot predict what a court may decide, but it will always decide upon what it thinks is in the child/children's best interests. If your ex has had little contact, or is not familiar with your sons' needs, then it is highly unlikely he will be granted overnight stays. Cafcass will also get involved, please see link here. However, you would really need to seek professional legal advice if you are concerned, as with such little detail it is difficult to advise.
SeparatedDads - 24-May-17 @ 12:11 PM
HI i wanted to know i have two autistic children father left when i was pregnent with my second child he came in a picture when he had immgrition issues he ask for contact in court due to children condition my children can not talk a word they are not aware of any danger on roads they can not dress or undress and they are still in nappies and they are more other problems with my boys father only have one hour contact under my supervison as the section 7 report said in 2014 now he ask me for boys passports and my and i refused so i end up in court again now he wants both boys for overnight stays and he want to take them out my ex lives with his brother in luton and some members of that family were arrested in attend to murdur of two year old child and the child died i am worried what will happen in court i have all the doctors letters about my boys condition and letter saying no overnight stays my kids are 7 and 6 but brains are 2 and 3 i am so worried about them the application father has but all the facts are incorrect can some one tell me what can be happen in my case he dont have any contact with my older child due to him getting stress and its really had to seperate him from me now school notice when ever my little one come back from contact he gets really cross and bit other kids and he hits his self.
fana - 23-May-17 @ 7:07 PM
Hi there, I split up with my ex 4 years ago.. we somehow (not without arguments) managed to get through the last 4 years and arranged childcare without courts. He has done a lot wrong and i didnt walk out just coz i felt like it. he didnt pay rent, has other major issues etc. He had her for 2 xmases and last year i had her. Logically i want her for 2 xmases as well, after which we will go back to normal 1 xmas each. i boked a holiday away for xmas and he is now saying he will stop her going. I am already thinking to get a mediator involved and if we cant agree we will go to court as its plenty of time till then. however in 12 days we are going away for another holiday that he has agreed to and said its ok for us to go. Now my worry is he will create drama just to be spiteful to me and we will be stopped at the boarder. Can he do so in 12 days?.. the last thing i need is to get to the airport with all the bags packed and be turned away.. thanks for your help.
Abbriori - 12-May-17 @ 12:03 PM
Me and my partner split up about 1 month ago after living together for 7 years. We have a 7year old and a 1year old together. This has been so hard for me as been used to seeing my children every day. We had a holiday booked together for June this year where her parents are also booked to go with us. As it's her parents place. I have now been told that obviously I can't go now we are split but they are all still going. This is a 2 week holiday leaving early Sunday morning coming home early on a Sunday morning. With my work I can only have my children on weekends so this will mean that I won't see them for 4 weeks. I have asked my partner to change the flights to only go for 1 week as I feel 2 weeks is to long but she has refused. Can I stop her from going for 2 weeks? I can't cope with the thought of not seeing my children for 4 weeks. Anything I can do?
Mcgorey - 8-May-17 @ 7:32 PM
Sabrina93- Your Question:
Iv booked a holiday for June with my two children my friend and her one child. The children father is saying he won't consent to going on holiday for a week because he doesn't trust il be able to look after them on, saying it will be dangerous taking them without him and he wants to go on a family holiday which wouldn't work becuase we don't get on and he is very unpredictable. He is on one of the children's birth cert but not the other child. I have the children living with me and he has one of the children three times a week at maximum. Is there anything I can do without going to court as the holiday is 5 weeks away, does just being on the birth cert give him parental responsibility

Our Response:
You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad, please see gov.uk link here.
SeparatedDads - 8-May-17 @ 2:23 PM
Iv booked a holiday for June with my two children my friend and her one child. The children father is saying he won't consent to going on holiday for a week because he doesn't trust il be able to look after them on, saying it will be dangerous taking them without him and he wants to go on a family holiday which wouldn't work becuase we don't get on and he is very unpredictable. He is on one of the children's birth cert but not the other child. I have the children living with me and he has one of the children three times a week at maximum. Is there anything I can do without going to court as the holiday is 5 weeks away, does just being on the birth cert give him parental responsibility
Sabrina93 - 7-May-17 @ 10:06 PM
Lou - Your Question:
I would like to find what rights I have as a mom. I have two sons whom their father refuses to skype, call, or have any contact whatsoever. He was banned from South Africa where I currently reside with the boys and he has gone back home to live in the UK where he was born and raised. I have asked if he would sign consent for me to move to uk with the boys so that he could see them however he refuses and tells me my life is not in his country. Am I really trapped? Surely since he doesn't even live here I can go abroad?

Our Response:
Unless you are in a relationship with your children's father and he agreed to apply to sponsor you or your children to come to the UK, then you have no way of applying to live in the UK, unless you apply for a visa independently (such as a working visa). Also, the rules of applying for family dependents to come to the UK are very strict and are dependent upon very particular requirements, please see gov.uk link here which explains all. On another note, a court will never force a non-resident parent to see their children if the parent does not want to have links with their children.
SeparatedDads - 12-Apr-17 @ 10:40 AM
I would like to find what rights I have as a mom. I have two sons whom their father refuses to skype, call, or have any contact whatsoever. He was banned from South Africa where I currently reside with the boys and he has gone back home to live in the UK where he was born and raised. I have asked if he would sign consent for me to move to uk with the boys so that he could see them however he refuses and tells me my life is not in his country. Am I really trapped? Surely since he doesn't even live here I can go abroad?
Lou - 11-Apr-17 @ 12:25 PM
The home Office have told me I need to get a Specific Issues Order to get my son a passport and I can't understand why as I have had parental responsibility and been the sole parent since 2012. His mum died in Dec 2015 and I am his only family. I changed his surname in Sept 2016 as his mum did not put me on the original certificate. I should have gone on holiday after I was offered the use of a Spanish villa from 1st April to 15th for free and couldn't go without his passport. It all makes no sense. I even contacted my MP but he couldn't do anything.
Joe - 3-Apr-17 @ 4:58 PM
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