When you split up from your partner it is easy to feel very helpless and as though you lack influence on your children’s lives. When you have gone from being involved daily to seeing her making decisions without your consent, it can seem unfair. It is natural to question whether she is legally able to take these steps without consulting you.
You do not say whether you have parental responsibility for your children. Parental responsibility is automatically granted if you were married to the children’s mother at the time of birth or if you jointly registered the birth. If neither of these apply, you are still able to apply for parental responsibility through the courts to make sure that you are involved in their upbringing. (For more information, see our article on Your Separated Father's Rights.)
Here's some more information about your children's passports when you are separated:
Who can apply for a passport?
Either parent can apply for a passport for their child, unless an objection has been lodged at a United Kingdom Identity and Passport Service office.
A child under the age of 16 must have permission from a person with PR for them.
If you are separated but still married, either parent can give permission for a child to have a passport.
If you are divorced, but were married at the time of or after the child's birth, either parent can give permission for a child to have a passport, unless there is a court order about PR or preventing the child from having a passport. If this is the case, you should send a copy of the relevant court order with your application.
If you are not and were never married to the mother of your child, only she can give permission for the child to have a passport, unless:
- You have PR, either through a Parental Responsibility Agreement or by order of the court
- You are named as the father on the birth certificate and your child was born after 01 December 2003
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If you do not have PR, you will need the consent and cooperation of the child's mother if you are to obtain a passport for your child.
If the child's mother does not consent, she can lodge an objection of her own volition and if the child has already had a passport issued in his or her name, it will be recovered by order of the court and not returned unless or until the court considers it appropriate.
In what circumstances can the passport office refuse to issue my child with a passport?
An objector can ask the passport office not to issue a child with a passport if:
- A Prohibited Steps Order has been made
- The objector has had a residence order made in their favour
- A court order has been made stating that in order for another party to remove the child from England and Wales, the objector's consent is required
- There is an order requiring that the passport is surrendered to the court
- There is a court order preventing the passport office from issuing or re-issuing the child with a passport
- There is an order preventing the child from being taken outside of the jurisdiction (England and Wales)
I have parental responsibility - what do I need to do next?
If you have PR for your child and no objection has been lodged at court regarding your passport application, you must send any court order dealing with your PR alongside your application form.
If your child is currently registered on another passport, i.e. your passport or his/her mother's passport, their details will need to be officially removed from them.
You should also note that if the child's mother has already applied for a passport for your child, and it has in fact been issued, even if you have PR, you will not be able to apply for another passport for your child.
Find out more...
Read on to find out more about when your ex might want to move children abroad or to take them on holiday.
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