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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband refuses his consent and ignores my repeated

Customer Question

my ex husband refuses his consent and ignores my repeated requests to apply for childrens passports. he is spanish, and two out of three children are also spanish. is there anything i can do to obtain his permission? i am unable to visit my parents because the children do not have passports. i am naturalised UK citizen, my youngest son has UK citizenship but two older daughters were born before i obtained ILR or naturalised. My ex is unwilling to give permission for me to apply for UK passport either.
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my bets to help you but I need some further information first

Where do your parents live and why does your ex not wish to agree to the chidlren having passports?

Customer: replied 4 months ago.
My parents live in Ukraine, I am settled in uk, and living and working here with my three children.
My ex claim he doesn't want to consent to the children having a passport as he is concerned about me taking them out of the country. I have a residence order and have been going on holidays within eu, always notifying my ex husband but never asking for a formal permission as I understand I didn't need to. He has taken the children to Spain multiple times as well notifying me but not asking formally for a permission.
His claim doesn't make any sense as I lived in uk for 18 years and consider it my home. It's simply one other way he uses to exert control over my life.
Expert:  Clare replied 4 months ago.

What do you need to apply forUk passports for them?

Customer: replied 4 months ago.
i need to make an application but i need his consent.its not like the usual UK passport application which can be signed by one parent only
Expert:  Clare replied 4 months ago.

You need to apply to the Court for a specific Issue Order dealing with the application and for him to sign the necessary documentation.

This is done using the C100 again - after you have attended a Mediation Information and Assessment Meeting

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
But would the court issue an order for children who are Spanish citizens residing in U.K. To become uk citizens as their mother or will it be out of the remit of the court?
Equally if I was to apply for an order to apply for Spanish passports - would that be within the remit of the court?
Can I apply on one form to deal with both Spanish and U.K. Passport?
Expert:  Clare replied 4 months ago.

Yes the Court has the power to make the order as the children are resident in the UK.

You can apply for a specific Order to enable you to obtain a passport from either country!