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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Partner has changed her sons name by deed poll, when

Customer Question

Partner has changed her sons name by deed poll , when applying to change name on passport , passport office have asked for permission from her ex husband ( boys father ) as in law he has parental responsibility however there is no contact , going on holiday in 5 weeks so need resolving quickly , how ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. As they were married the father has parental responsibility and his consent would have been required to change the child's name as well as for travel abroad (unless she has a child arrangement order for residence and the trip is for no longer than a month). She should urgently attempt to locate the father to seek his agreement for this and in the absence of agreement she would need to apply to court for a specific issue order under form c100 and a £215 court fee to her local family court as a matter of urgency.

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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Son is now 9 , and has had nothing to do with dad since 1 , when deed poll was completed partner declared this in letter hence name change was processed
Expert:  Harris replied 1 year ago.

Has this letter been provided with the application.

Unfortunately, despite not being involved in his upbringing, the father still has parental responsibility and his consent is required for any travel abroad for the child .

Customer: replied 1 year ago.
Letter wasn't provided as I believe was retained as part of deed poll change , how quickly are we likely to be able to pursue through the court ?
Expert:  Harris replied 1 year ago.

She can submit the application urgently and can be heard on the same day without notice to him, however the court will likely list it for a further hearing for the father to attend.

Would it not be easier for her to try and locate him and get a further letter seeing as he has engaged previously?

Customer: replied 1 year ago.
He hasn't engaged previously , the letter to deed poll was to say she couldn't locate , I'll certainly start to make attempts to , seems a very frustrating process
Expert:  Harris replied 1 year ago.

If she cannot locate him then she can instruct a tracing agent (you can google these as there are many out there who do the same job) and they run checks on people to find their location.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

I am afraid that the firm that dealt with the Change of name should have told you that without formal consent or a Court Order no passport is obtainable

Given that they were married when the child was born it is highly unlikely that court will sanction this change of name - and they certainly will not do so within the time frame available

If you are due to travel in five weeks time it would be better to simply obtain a passport in the original name

Whilst technically the consent of the father to the travel should be sought there is no basis on which this is enforced unless the father actually seeks it