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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I need to apply sons first passport. His father who

Resolved Question:

I need to apply for my sons first passport. His father who I am not married to or have never been married to is being difficult. He is refusing to give me his passport details for the application form and has said that he is going to apply for the childs passport so that it prevents me from obtaining it. Is it a case of who applies first as to who gets the passport.

Submitted: 2 years ago.
Category: Immigration 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.
How old is the child and is the father named on the birth certificate?
Clare
Customer: replied 2 years ago.

Hi, the child is not quite 2 yet. Yes the father is named on the birth certificate

Customer: replied 2 years ago.

Hi, the child is nearly 2 years old and the father is named on the birth certificate.

Expert:  Clare replied 2 years ago.
Hi
Where do you wish to take the child and has the father agreed to the trip?
Clare
Customer: replied 2 years ago.

taking the child on a 1 week cruise to Norway. The father is aware and has not refused but he is being difficult as always tries to make anything difficult for me. He knows I am applying for his passport. infact I have a appointment with the passport office on Friday. He has just said that he is going to apply for his passport and my worry is that if he applies before me he will get the passport preventing me from taking my son on holiday.

Customer: replied 2 years ago.
Hi I have responded to your question but have not received a reply.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
May I ask - are you dependent on the father for your child's nationality?
If not then you can simply not give those details.
If you are then you will need to try and discuss matters with him using Family mediation
www.familymediationhelpline.co.uk
If that fails then you can apply to the court for a Specific Issue order that he gives you the information - or the passport if he has actually obtained it.
please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your answer, I understand that as I don not rely on his nationality I do not have to give the information but what I do need to clarifying is, can the father apply for our sons passport without my consent. Does he have the same parental rights as me even though he does not live him or that he does not provide for him in any financial way.

Is it a case of who ever applies for the passport first gets it ?

Expert:  Clare replied 2 years ago.
Hi
If he is named on the Birth Certificate then he has Parental Responsibility and can apply for a Passport.
However if he does get it you can apply to the court for an Order forcing him to let you have it for trips away
Clare
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