I know this subject has been done to death, but some up to date info would be good. I'll try to keep it brief.
I left DS1's father when he was 16 months old, due to DV. We moved cross country, 4.5 hours away by car. His father has had no contact since - he never applied to court, never made any serious effort, gave up at the first hurdle shortly after the split when I stated through my solicitor that initial contact should be supervised by my parents (it was 3 months after the final assault on me, during which DS1 was held in XP's arms as he attacked me. DS1 was deeply unsettled following this, understandably) and he flatly refused.
DS1 is now 5. XP pays sporadic maintenance through an attachment of earnings order made by the CSA, often no more than £40 per month, if we get any at all. It was never paid willingly, he evaded the CSA for months when I first applied and took cash in hand work at his brother's company, telling the CSA he didn't even claim JSA.
I married my DH last year, by then DS2 had been born and we all share the same surname. I changed DS1's name by deed poll, which I know is not legally binding but it has been accepted by his school, our GP surgery, and the hospital, without any problems. I was able to obtain the deed poll without XP's consent, by writing a letter stating there was historic DV, I don't know his whereabouts, and by providing police case numbers etc.
Now we'd like to apply for a passport for him. I've heard that some passport offices would be satisfied with just his birth certificate and the deed poll, but I realise that a specific issues order made through the court is the only real way to go here.
I genuinely have no idea of XP's whereabouts, nor would it be safe for me to attempt to contact him - it'd be kicking the hornets' nest and he'd see my request for consent as another way of regaining control over me. I cut contact with all mutual friends when I moved. My question is, how likely is it that we would be granted the order?
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Legal matters
Changing 5yo DS' surname by court order with absent father
14 replies
BeautyGoesToBenidorm · 01/06/2016 09:48
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