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ivorylounge
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Category: Scots Law
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Experience:  Over 25 years experience
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Live with Scotish partner.We have a child born in

Resolved Question:

Hi
I am Bulgarian and live with Scotish partner.We have a child born in Scotland.We are not married and both have PR.The father refuses to apply for child's passport.I live in the country since 2 years.What are my rights ?Thank you
Submitted: 20 days ago.
Category: Scots Law
Expert:  ivorylounge replied 20 days ago.

Are you still together?

Customer: replied 20 days ago.
We still leave togheter, but I don't want to continue as he smokes cannabis every day and I don't feel safe for me and my child.
Customer: replied 20 days ago.
i prefer to type as my baby is sleeping.
Expert:  ivorylounge replied 20 days ago.

I see. To apply for a passport both parents with parental responsibility need to sign the passport application. If you do decide to split up and he continues to refuse to sign the agreement then you can apply to the court for a specific issue order where the court would be able to sign the passport on his behalf.

Customer: replied 20 days ago.
How long will take for the court to do that?
And how can I protect myself from him?
Customer: replied 20 days ago.
my baby.
Expert:  ivorylounge replied 19 days ago.

The process would normally take about 3 months if contested. If there has been a form of domestic abuse then you could also apply to the court for a non harassment order to protect both you and the baby.

If you get a non-harassment order granted against your partner (or anyone else who is harassing you), this means that they are no longer allowed to carry out the action(s) specified in the order. If they do, they will be committing a criminal offence. The behaviour you want to prevent must have taken place at least twice before you can raise an action for harassment. This may be behaviour which is not in itself unlawful or abusive, but which is making you feel distressed or afraid. For example, you may be able to take out a non-harassment order to prevent your partner from phoning or texting you repeatedly, sending you letters or following you.

Customer: replied 19 days ago.
Do I need a solicitor to apply for those orders and where can I hire in Scotland?
Customer: replied 19 days ago.
If my child receive a british passport as shs is eligible do I have less PR as I am Bulgarian and the father is British /Scotish/?
Expert:  ivorylounge replied 19 days ago.

You both have absolutely the same PR. You do not have less because of where you are born or him more because of where he is born. I attach herewith a link for fining a local solicitor for you - https://www.lawscot.org.uk/find-a-solicitor/

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Customer: replied 19 days ago.
Can I travel with my child without the father after she is getting the passport?Thank you for your advice.
I'll rate you positive.