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Clare, Solicitor
Category: Law
Satisfied Customers: 35052
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to change my Daughter's name (age 13) on her new passport.

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I want to change my Daughter's name (age 13) on her new passport. Passport office say her father has parental responsibility: Child born 11.09.02, parents married 24.06.03 (since divorced). Father absent without contact since Aug 2004, whereabouts unknown. (Although DWP have recently identified his employer). So applied for C100 specific issue order from local court for change of name. Court legal advisor has advised me that father does not have Parental responsibility as we unmarried at time of birth(2002). Am stuck between the 2 parties; passport office will not accept he doesn't have parental responsibility, court have reiterated 3 times he doesn't. Birth was registered in England. ( I had always thought he gained automatic PR when we married)
Could anyone please clarify?
Thank you for your questionMy name is ***** ***** I shall do my best to help you.The problem arises as there is a dispute as to whether or not you need to re-register the birth following a marriage in order for the father to obtain Parental Responsibility However Section 2 of the Legitimacy Act 1976 does not make provision for re-registration to be cumpulsory in order for PR to be obtained - hence the approach of the Passport OfficeThe most effective way forward would be to ask the Court for permission to dispense with service on your ex and to make the Order on the basis that if he does not have Parental Responsibility then it is not a problemI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Sorry I am still not clear. Does he have PR or not? Surely the law does not leave it open to interpretaion?
I did not mention before as I didn't realise it was relevant. We re registered the birth after our marriage with my married name on birth certificate.
If you re-registered the birth then he definitely has Parental Responsibility
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks very much!
You are most welcome - good luck