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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex boyfriend has just informed me he has sent for passports

Customer Question

My ex boyfriend has just informed me he has sent for passports for our two children age 6 and 4. His name is XXXXX XXXXX children's birth certificate but he only sees them one night per week and lives with his parents. I am concerned because he is not a very responsible person and can't cope with the children without his mother being with him. He says he is taking them to Disney Land Paris. Has he got the right to get passports without my permission or signature. He says he will be keeping the passports and has put his mothers address on the application form, even though they live with me 6nights per week. Is there anything I to stop the passports being processed.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
Have you given permission for the trip?
Why do you not want them to have passports?
Clare
Customer: replied 2 years ago.


I have requested that he take his mother with him because he is not used to looking after them on his own. I was under the impression I would have to sign the application form for the passports so was surprised when says he has already sent for them when spoke to our 4yrs old daughter earlier this evening . Without being too derogatory he is not trustworthy and lies frequently I would be very concerned if he took the children abroad on his own.

Customer: replied 2 years ago.

Relist: Other. I haven't received any answer from solicitor CLARE yet following her request for more information which I gave 20mins ago I am still waiting for Clares response to my initial question. What is going on !!!!!!

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Since your ex has Parental Responsibility for the Children because he is named on the Birth Certificate he was entitled to sign the Passport Application.
Sometimes the passport Office will write and ask for evidence that the mother is aware of the application but this does not always happen
You are certainly entitled to write to the passport office and say that the wrong address has been given for the children - but this will not necessarily prevent them being issued unless you hold a Residence Order
However unless there is a Shared Residence Order he cannot take the Children Abroad without your agreement or an Order from the Court and you can apply for a prohibited Steps Order to prevent his from doing so - and a Specific Issue Order stating that you hold the passports.
You should try and discuss matters with him using Family mediation (www.familymediationhelpline.co.uk)
If you do have to apply to the court you should also apply for a Residence Order at the same time (all on one form so you may as well)
I hope that this is of assistance - please ask if you need further details
Clare

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