How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1938
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

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: 6 months ago.
Category: Law
Expert:  Harris replied 6 months 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.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1938
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 6 months 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 6 months 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 6 months 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 6 months 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 6 months 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 6 months 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 6 months 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice