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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Residence of my daughter

Customer Question

Residence of my daughter
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you applied for her passport?
What difference do you think the Residence Order will make?
Clare
Customer: replied 2 years ago.
Hello I have not applied but the passport agency are telling me that because her mother was the one who signed for
The passport when I first got it as I did not have parental responsibility. She cancelled it out of spite and now my daughter lives with me she needs a passport and the only way I think May get is with a court order so If I am going to the trouble of court and representing myself I am as well as I have more than enough grounds to apply for full residence and ask the judge at the same to to allow me a court order to bd able to obtain a passport so my daughter can have a holiday or day trip as we live right next to docks and France is a stone throw away. This is also educational for her as she will experience other cultures etc????

Thanks
Expert:  Clare replied 2 years ago.
Hi
Has mum refused permission for such trips in the past?
Clare
Customer: replied 2 years ago.

No she concented to last passport and only when she wanted to stop my daughter moving school did she cancel it as she thought the school would not accept it as proof of id if it was cancelled and invalid.


I have Always had the passport and have taken her abroad many times with her mothers consent on holiday etc and as I said she only does now out of spite because she had driven my daughter away from her so she refuses to see her and gets very

Expert:  Clare replied 2 years ago.
Hi
Are you saying that your daughter has no contact with her mother at present?
Clare
Customer: replied 2 years ago.

She has had no contact with her since last july and not even on the telephone. Her mothers attitude is why should she bother with a daughter that id not interested and my daughter although encouraged by my family and I still refuses to have any contact. She told me if I forced her she would run away!

Expert:  Clare replied 2 years ago.
Hi
What was the reference to Religious beliefs in your question?
Clare
Customer: replied 2 years ago.
Is this costing me £22 per question please and no relevance except we want her to be christened as that is her choice now she is old enough to decide as we agreed as her mother is catholic and I'm c of e
Expert:  Clare replied 2 years ago.
Hi
The one payment covers all the queries necessary for me to give the answer!
You can apply to the court for a Residence Order using the form here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and paying the fee of £215
You can read more here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
My concern is that by making the application you will enable your ex to make an application for contact - and I am afraid that at 10 your daughters wishes - whilst important - may not be decisive
In fact since you have Parental Responsibility for the child you are entitled to apply for the passport - and there is no restriction on your having her baptised
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thankyou claire


I had someone at the passport agency telling me that because her mother signed for her passport that is in date and she cancelled it that I could not apply for one again. I find this very hard to understand but I am worried about applying if this is so. I need an answer from the actual passport office but all I seem to get is the agency who have given me varied opinions. Surely if i am able to consent to operations and schooling etc I should be able to obtain one. It has been suggested that i get a specific issue order but this means time and money we can ill afford.


Thanks

Expert:  Clare replied 2 years ago.
Hi
Apply for the Passport - IF it is refused then you know you need the Residence Order - if it is granted then you will have saved a great deal of heartache
Clare
Customer: replied 2 years ago.

What about the specific issue order??


Time is of essence so do i try that and application of passport that will cost about£ 300??


Thanks

Expert:  Clare replied 2 years ago.
Hi
Sorry - why do you think the passport application will cost £300?
Clare
Customer: replied 2 years ago.

No sorry because we are against time i will have to pay £100 for passort app and in order to get hearing in court for varied order or s i o then that is 215


If i wait for response from p port office and no result i then have to file for court hearing which could be a further6_ 8 weeks.??


Thanks

Expert:  Clare replied 2 years ago.
Hi
If you are making any application to the court then it needs to be for a Residence Order not a Specific Issue order
I suggest that you pay for the passport first and ask for the application to be expedited.
If it is refused then you can apply for the Court Order
You can ask for an Interim Order at that time if necessary
Clare
Customer: replied 2 years ago.

If i get residence will that mean i will be able to apply as i thouhht you had mentioned that i could do this with pr? Also if i go for residence i will have to wait a long time ( cafcas) etc so are you saying i could ask for a temp order for a passport going down this route? Also why res rather than sio??


Thanks

Customer: replied 2 years ago.

Did you get my reply?


Thanks

Expert:  Clare replied 2 years ago.
Hi
You already have Parental Responsibility so should be able to get the passport.
IF the passport office refuse then you can apply to the court
However if you are applying to the court then you may as well apply for a Residence Order and a Specific Issue order.
Applying for a Specific issue order alone could fail as the court would remind you that you actually need the mother's permission to take her out of the country - whereas with a Residence Order you can take the child out of the country for up to 28 days at a time without permission
Clare
Customer: replied 2 years ago.

Ok so the fact that I have PR at the moment with no specific order in place and no residence order means that I need her mother permission to take her out of the country so applying for the passport is no good if her mother will not agree to consent, that then means if i apply for a sio then they can also say not without mother co sent which leaves me with asking for residence which will take time but in the interim ask if they can order that her mother make a consent for me to apply for a passport. If this is the case then there would be no point applying until i have either or as until such time i cant obtain without her consent. As i said earlier it could take several months to obtain hearing, cafcas, another hearing etc and all the time run the risk of them making an application for a contact order which will destroy my daughter as much as i know she should have contact this is how we have come to this situation- it is against her will and she gets upset at the very mention of contact with her mother etc. This will distress her possibly more than not having a holiday or school trip through her secondary education.


How very sad this is. I feel helpless :(


 

Expert:  Clare replied 2 years ago.
Hi
There i no need to feel helpless.
Technically you need her consent to take the child out of the country on holiday but there is no routine check at the airport so provided you have her passport there is no problem
So apply for the passport and see what happens.
IF it is refused then a Court application is necessary.
If you do have to go to court just applying for the Specific issue Order is pointless as the first thing the mother will say is that you need her permission to leave the country anyway and matters will become complicated
Much better to go straight for a Residence Order which entitles you to apply for the Passport even without her co-operation and gives you the right to take the child on holiday as well.
If the holiday is imminent you can ask for an Interim Residence Order to be granted at the first hearing
If mum does apply for contact then your daughters wishes will be considered and it is possible that only indirect contact would be ordered
Clare
Customer: replied 2 years ago.

Ok so im going to apply for the passport on the fastrack service, meanwhile i will start the process with c100 for res and sio and if the passport comes then i can just persue the res with interim res order on grounds that hols are imminent and dont need her permission so therefore she cant stop her out of spite. This i now understand except whadt will thd sio achieve??


I am sorry i have been difficult just desperate to see my daughter included


Thnx

Expert:  Clare replied 2 years ago.
Hi
NO!
Just apply for the passport.
If it arrives - get on and holiday and enjoy yourselves
If it doesn't arrive apply to the courts
Clare
Customer: replied 2 years ago.

This brings me back to the beginning,they already told me that I need her consent on the form to apply as she applied and cancelled the last one. Can you tell me the difference between an sio and res order as you have said apply for res , then both. Did you mean that i apply to court for both and ask that the sio be made in respect of the passport? I am so sorry Clare I do not mean to be a pain but I am so confused. If I apply for the sio alone is that not enough to get the ball rolling and then start residence process? Are you saying that whatvthe p port agency are telling me is not def true and if the do allow passport can her mother not cancel again as she has not consented to her having it or a holiday?

Expert:  Clare replied 2 years ago.
Hi
have they told you that in writing?
Clare
Customer: replied 2 years ago.
No they told me over the phone
Thanks
Expert:  Clare replied 2 years ago.
H
Then it is worths imply applying and seeing what the response is.
IF it is rejected then apply for the Residence Order - with that you should not need her signature at all
Clare

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