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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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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 .
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?
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.
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