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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2239
Experience:  Dual qualified Solicitor and Attorney
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Can I get a passport for my son as father abscond and child

Customer Question

Can I get a passport for my son as father abscond and child is maintenance from father through child maintenance
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: England is where we live
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Father doesn't want us to travel hence yet to apply for passport, father is white British and am Nigerian
Submitted: 9 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 9 days ago.
Hi thank you for your message, is the father on the birth certificate and/or were you married at the time of the birth of the child?
Customer: replied 9 days ago.
No
Customer: replied 9 days ago.
Can you reply please
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, if the father is not on the birth certificate and you were not married at the time of the birth then it is possible the father does not have parental responsibility which means they do not have rights towards or responsibilities regarding the child. Therefore, if that is the case you do not need his permission to get a passport. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Customer: replied 9 days ago.
Father pays child maintenance through DWP
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, I see so have you recognised he is the father?

Customer: replied 9 days ago.
Yes he is
Customer: replied 9 days ago.
Maintenance letter shows father's name
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, if you have agreed he is the father officially then he has parental responsibility which means he does have obligations towards the child such as paying child maintenance but also rights which included the right to refuse to agree to you getting a passport for the child, if he will not agree you will need to apply for a court order. A ‘specific issue order’ is used to look at a specific question about how the child is being brought up in this case to get a passport. 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
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.