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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 8806
Experience:  Dual qualified Solicitor and Attorney
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I left my ex partner and I am now living with my daughter.

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I left my ex partner and I am now living with my daughter. He did not show up for 4 weeks and was completely unreachable until he turned up yesterday. In the meantime, I have had a session of MIAM and the mediator is due to contact him. I have asked him in these past 4 weeks for his parents' passport details to do my daughters passport application and he refused to give me them. I have the need to go to Italy this summer with my daughter as my grandparents (who are very old) want to meet her and they have all the rights to. Yesterday, I asked him once more for his parents' details in order to make the passport application but he said "no, Annabelle is not going, I don't feel comfortable with her coming to italy". Please, what can I do? I really need to go to Italy with her to see our family. How do I get his consent? Do I even need his consent? When I told him about mediation, he said it is not going to work for him and that I can take the matter to court. He also threw veiled threatens at me for example "I have things on you that you don't even know and everything can backfire on you".

Hi thank you for your message, you cannot get the passport without his permission and you cannot take the child out of the country without a court order or his permission. If you want to get a court order enabling you to get the passport without his permission and taking her to Italy then you need to apply for a specific issue order. A ‘specific issue order’ is used to look at a specific question about how the child is being brought up.

Follow these steps to apply for a court order:

1) Read guidance CB001 on making an application: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

2) Fill in the C100 court form found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

3) Send the original form and 3 copies of it to the nearest court that deals with cases involving children, you can find the nearest court here: https://courttribunalfinder.service.gov.uk/search/

It costs £215 to apply for a court order. You may be able to get help with court fees if you’re on benefits or a low income and you can find out more here: https://www.gov.uk/get-help-with-court-fees

If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.

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