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Child Passport - Ex may have got one without discussing with me and now worried she may abduct

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StressedDad

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Another day, another drama with my sneaky and controlling ex.

First, I'm not 100% certain but through some strange conversations I am pretty certain my ex has applied for or now has a passport for my daughter. Everyone around me seems to think she shouldn't have been able to do this unless she falsified some information or didn't put me down as my daughter's father (I am on the birth certificate).

I'm aware that she should get my permission to take my child out of the country and I'm assuming my consent to get a passport? She has been doing everything possible to limit my access or cause issues such as threatening she could take my daughter away from me if she wanted.

I phoned the passport office and they said that it 'may' be classed as abduction if she leaves the country and hasnt received my consent and also could be viewed as a fraudulent application for a passport depending on the details she's provided?

I live in Scotland, but think the law is fairly similar when it comes to passports/risk of abduction? I currently have a court order in place for regular contact with my daughter who is currently 4.

In the long game (it's by no means a game to be perfectly honest) I'm angling for obtaining full residency due to her behaviour etc but now know that would only happen if I can prove she is a danger to my child... wouldn't fraudulently obtaining a passport or taking my child out of the country without my consent (or even a word) to me help to prove she is a danger?
 
Hi. Again I'm not entirely sure on the laws in Scotland. My understanding is that either parent can apply for a passport - I don't think it needs the other parent's consent. Yes it would be abduction if she took child out of the country for over a month. Up to a month she would be allowed to under an English Child Arrangements order. What does your order say? The ones here have a statement at the end saying a parent with residency can take child out of the country for up to a month, (ie they don't need the consent of the other parent).

Has there been any communication from her regarding school holidays and dates etc?

If concerned at the possibility of abduction, the usual procedure in england is applying for an urgent prohibited steps order and they can leave details with aiports etc that this passport mustn't be allowed through. However you might look vexatious if you did that and she's just going on holiday and is allowed to go on holiday.

Is your ex from another country and have family there or something? Main thing is - what does your court order say and does it include any holidays with you?
 
When you phoned the passport office, did you check whether a passport has been applied for or issued for your daughter? That might answer a few questions! I think with courts its usually assumed a child has a passport anyway. I believe either parent can apply for and obtain one.

A prohibited steps order would state she can't remove the child from the country without the courts and your consent. But if she has a residency order saying she can take child abroad for up to a month, then she can. But - if applying for prohibited steps saying there has been a threat to abduct child abroad then they would put a stop on the passport probably unless it has court consent with it. You might need to prove that threat though. Has she put anything in an email or a text about threatening to move abroad? They might do a hearing without evidence, if you just say she's made the threat but evidence of the threat helps.

All of the above though is based on English law and I really don't know how it works in Scotland - I assume there's something similar but you'd need to check with a solicitor.
 
No, they said I should send an email to an address advising of the situation and they would check and follow things up but they did state that it could potentially be passport application fraud as I hadn't been consulted as I am fully involved and in contact with my daughter and also have parental responsibility.

The only evidence I have is verbal really, although I do have witnesses - granted they are family members so not sure how much weight that has? There's a contact order in place and at the bottom it says 'Makes a residence order whereby the child shall reside with the Defender (my ex) and finds no expenses due' so don't think it actually states she can take my daughter out of the country for upto a month?

So I guess the question is, should all of the above be factual in that she's obtained a passport, either falsified my details/signature or put someone else down as the father (who doesn't have parental responsibility) and then takes my daughter abroad without even discussing it with me would that constitute that she is a potential threat (coupled with threats she could stop me seeing my daughter and trying to obstruct contact) and help with a claim for residency to be transferred to me?

She's also had three previous children removed from her and put into foster care due to child neglect/endangerment (don't know the full details)
 
She's been difficult with handover arrangements for contact and not flexible in terms of school holidays so with your help previously I've put something forward to my solicitor to get 50/50 contact during school holidays rather than her getting to decide when I get to see her. She's also said via text she's not interested in speaking with me other than through solicitors/court
 
I remember the background. I think you need to check with a lawyer as Scottish law is different. Possibly regarding passports as well as court orders.

If someone has told you she's obtained a passport then that's reasonable to think she has. That in itself doesn't sound abnormal - getting a passport to go on holiday. But seems unlikely she'd leave the country permanently if she's from the Uk.

What happened with the proposal for 50/50 holidays? No response? If she has falsely obtained a passport then it would perhaps help your case but not sure it's enough for residency claims - just bad behaviour - she won't get punished for it by a family court probably. If there's a risk she could abduct then that should be an urgent application. Going on holiday isn't abducting though,

Ask the solicitor if, as resident parent, she can go abroad without your consent.
 
Ah ok - I'll run it past my solicitor to check the logistics of things.

On checking the passport application form, she should have put my details down as the father (would have at least thought she'd let me know but clearly not) so surely would have needed certain documentation? So if she has applied then she's either falsified documents or put someone else such as her new partner down which isnt strictly correct as he has no parental responsibility?

She should also provide the court order that's in place (she maybe did, not sure though) so again potentially not providing all the legally required documents?

50/50 holidays and other slight amendments such as picking up/dropping off at school is being put in as an emergency request but solicitor said it should be fine and he'll get me whats requested (well he said october holidays which started the whole huge issue) so hopefully all goes through fine, but thank you so much for your help Ash!!
 
StressedDad said:
Ah ok - I'll run it past my solicitor to check the logistics of things.

On checking the passport application form, she should have put my details down as the father (would have at least thought she'd let me know but clearly not) so surely would have needed certain documentation? So if she has applied then she's either falsified documents or put someone else such as her new partner down which isnt strictly correct as he has no parental responsibility?

She should also provide the court order that's in place (she maybe did, not sure though) so again potentially not providing all the legally required documents?

50/50 holidays and other slight amendments such as picking up/dropping off at school is being put in as an emergency request but solicitor said it should be fine and he'll get me whats requested (well he said october holidays which started the whole huge issue) so hopefully all goes through fine, but thank you so much for your help Ash!!
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How did you get on with this?
 
Scotay said:
How did you get on with this?
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Still ongoing as the passport office now need my daughters birth certificate when originally they said they didn’t but they’ve advised there is a marker on so if an application is put in it’ll be flagged that there ‘may’ be a court order in place (there is, it’s just their wording)

But they’ve been helpful so far

There’s now some separate issues relating to my ex and her being difficult yet again but I’ll do a separate post as it isn’t actually anything to do with the passport etc
 
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