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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have home 2 children, one is a 12 year old of my

Resolved Question:

Hello
I have home 2 children, one is a 12 year old of my partner from a previous relation and one ours. The mother of 12 years old doesn't want to give him any paperwork and the child is prisoner in England. The child is born in Romania and he is Romanian at the moment. He wants to go in holiday to visit his grandmother and cousins.The Romanian law says that the country where the child reside is responsible for him. The child is in England since 2011 and never left England since, he did 3 years of Primary School and now he is in College. How we can do his paperwork right? To have the right to travel and passport. The mother is saying just 'Happy Birthday' on Facebook, when she remembers. She is in Argentina at the moment, married with somebody else. How to issue court proceedings and how much will cost? Thank you!
Submitted: 2 years ago.
Category: 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.
What is the child's immigration position and who holds his passport?
Clare
Customer: replied 2 years ago.

Hi Clare

The child is Romanian. He lives in England since 4 years ago(2011). He never left for a holiday. His passport is with his father, here in England, but is expired just after he arrived. His mother refused to give him agreement to make a new one. The boy used just to enroll to primary school, after nobody asked. As Romanian he has the right to reside. The boy mum refuses to give him any papers. She didn't see him since. They talked on internet just a few times.

Expert:  Clare replied 2 years ago.
Hi
What is required to obtain a Romanian Passport?
Clare
Customer: replied 2 years ago.

The court order, full custody from the country where the child reside or a signed deed from both parents. In our case one of parents, left and she doesn't want to give or sign anything. The child is just in my partner and myself care(as step mum but without papers). The chid had contact with the natural mum on internet. She is in Argentina. She doesn't bother to do something.Romanian court can't make a decision because the chid is here. The English court in his case will decide his custody. Thanks!

Expert:  Clare replied 2 years ago.
Hi
For clarity - if there is an Order stating that the child lives with you and that your partner can apply for a Passport the Romanian Passport office will recognise that?
Clare
Customer: replied 2 years ago.

Hi

If the court will give full custody, the Romanian consulate can make an passport. I spoke with an Romanian solicitor. Full custody, no mother. The father have full right. This is what they told us. The responsibility is all to the father.

Expert:  Clare replied 2 years ago.
Hi
Your partner can apply to the Court for a Child Arrangement Order stating that the Child lives with you and for a Specific Issue Order that he is permitted to apply alone for the Romanian passport.
This is the closest that can be reached in the Uk court as we no longer make Custody or even Residence orders
Since the child has been here for more than a year the Uk courts do have the right to deal with the matter.
the form that is needed is a C100 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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