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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My son Bobby and his ex Slovakian girlfriend Monika have a

Resolved Question:

My son Bobby and his ex Slovakian girlfriend Monika have a 5 yr old son who was born in Slovakia. My son is named as the father on the Slovakian Birth Certificate. The court has ruled that his son will be allowed to travel with his father to Great Britain in 2016. Bobby wants his son to have a British Passport. Can you inform us of the procedure in obtaining this please?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Would the mother of the child consent to this?
Kind regards
Tom
Customer: replied 2 years ago.

Hello Thomas.

My son Bobby attended court in Poprad, Slovakia last November. After the Judgement Monika signed the agreement that stipulated that Bobby could have 4 visits of 1 week each time in Slovakia in 2015 and then in 2016 he would be allowed to travel to Great Britain for those 1 week visits. Bobby obviously would go to Slovakia to get his son and then return him within the stipulated times. Nothing was said or agreed about the passport. His son did have a Slovakian passport but that may have ran out by now and it would be so much easier for his son to have a British passport so we can book flights and go through the controls at the airport with no hassles. My grandson has a different surname to his father that may cause concern when travelling. Also as his son has dual nationality I think (I may be wrong) he is entitled to a British passport and it would be great for him as he grows up to hold both Slovakian and British passports. The first visit in Great Britain is scheduled for March 1st 2016, so we want to get all this sorted out well before that time and we are prepared to do what ever it takes to obtain this legally (of course). My son and I will be travelling to Slovakia on 1 June 2015 to see his son for the week (Monika hands him over to us so we have sole charge of him for the week). We intend to be speaking honestly and clearly with her whilst out there, so that she understands everything, but we need to know ourselves the formality first. She knows it is a crime to not comply.I hope this information helps and I look forward to your reply.

From Joanna McIntosh

Expert:  Thomas replied 2 years ago.
Hi Joanna,
If your son is a UK citizen after having been born in the UK, then his son would be entitled to UK citizenship under the British Nationality Act 1981.
His son would be a UK citizen "by descent" which means that the son would have a UK passport with all the rights that other UK citizens. The only difference is if the son later had children outside of the UK then those children would not automatically be entitled to uk citizenship.
As to whether his partner can stop the application for a passport I will have to opt out and leave it for another expert in family law to assist.
Tom
Customer: replied 2 years ago.

Hello Thomas.

I was already 99% sure that my Grandson was a UK citizen by decent but my question was about the procedure in obtaining the passport. Would Bobby have to go to the Slovakian Embassy in London and would Monika have to be there as well or would just signatures be enough or would they have to go to the British Embassy in Slovakia or would sending the documents in the post be enough ? This is what I want to know. Thank you.

Joanna McNtosh

Expert:  Thomas replied 2 years ago.
Hi Joanne
Because of the element of potential dispute I think it's best that another expert answers that element of the question.
Kind regards
Tom
Customer: replied 2 years ago.
Relist: Other.
If you look at the original question you will see that the question was not answered at all. I asked about the procedure in obtaining the Passport. When Thomas asked for more information I gave it to him but he forgot to answer my original question. I have no more knowledge now than when I started and paid £31 for nothing. I am not satisfied with this.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your grandson is entitled to a British Passport.
Your son will need to fill in the Passport applictaion form and arrange for his mother to sign it.
If she will not do so he will have to apply to the Slovakian Court for an Order forcing her to do so.
I hope that this is of assistance
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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