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Major Passport Application Woes- Advice Needed!

(10 Posts)
FatherChristmas1 Sat 07-Jan-17 21:44:46

Hi All,

I have a shared residence order for my two children and in this order it states that the father should both apply for and retain the children's passports.

However an issue has arisen during my application due to my eldest child's DOB being before 2006 - British citizenship needs to be taken from their mothers birth certificate (not an issue for my youngest who was born in 2008).

I have provided my ex-partners (not ex-wife) birth certificate as part of the process, however she unofficially started using a new surname before the birth of any of her six children, this has caused a problem as her surname on the my children's birth certificate does not match the details on the children's birth certificate.

Due to this the passport office have asked me to ask her to provide details as to why she has changed her name plus provide a copy of a name change deed or a statutory name change declaration. This was asked of her in early November 2016 but she has not been forth coming with any help so have I have his a bit of a hurdle and only one of my children's passport has been approved to be issued.

I have in and out of court with my ex-partner since around 1997 and she is as difficult as they come, the only way we have communicated for the last 3 years is via email and this is also more of a 'I reply, she ignores' type of communication.

What can I do, what are my options - back to court to try to impose the shared residence order maybe? Or are there any other options with regards to the passport office and the information that they require?

Any advice on this would be great!

Thanks in advance

AllPowerfulLizardPerson Sat 07-Jan-17 21:51:47

Are you British and are you on the birth certificate? Where were the DC born?

JaxingJump Sat 07-Jan-17 21:53:30

Can you apply for a copy of her birth certificate? Would the names match then?

WinnieTheW0rm Sat 07-Jan-17 21:54:03

From the gov.uk website

"You can register as a British citizen if you:

- were born before 1 July 2006
- would have become a British citizen automatically if your parents had been married"

I'm a bit confused why you have a problem.

JaxingJump Sat 07-Jan-17 21:55:04

Sorry, I meant marriage cert. but now I realise that her new surname is not because of marriage. Did she just decide on a new one for the hellof it?

FatherChristmas1 Sat 07-Jan-17 22:32:41

@AllPowerfulLizardPerson Yes, we are both, UK born.

@JaxingJump Have already applied for and sent her birth certificate off with the initial application, the issue is that she started using a new surname between the ages of around 18-21. Her surname's do not match on her birth certificate and the childrens. I was unaware she had changed her name until my eldest was about 3 years old.

@WinnieTheW0rm My sons birthdate is before 1 July 2006, hence citizenship needs to be taken from her birth certificate.

@JaxingJump From my understanding, yes. I have no idea why, but she will have the same issue with her older children wanting to obtain passports as adults too.

WinnieTheW0rm Sun 08-Jan-17 09:40:47

I though all applications required a birth certificate?

So if you (British) are on it, then the nationality of the second parent doesn't matter (air that published gov.uk advice is spectacularly badly worded as it says that pre-2006 is now treated the same)

Or is it just the case that because they've spotted a multiple name for the same person they want that sorted out? Because to me that seems more something to do when she applies for a passport, not when someone else does, and that person qualifies from the other parent anyhow.

FatherChristmas1 Sun 08-Jan-17 10:28:44

From my understanding, pre-2006 births require citizenship to be taken from the mothers birth certificate only, after that it can be taken from either. They have said they are able to issue a passport for my youngest but not my eldest - of which their is two and a half years between.

Can I ask where you saw badly worded criteria? As the passport office seem to say the opposite of that position. Any help that would enable it to get resolved without the need to enforce the contents of the shared residence order would be greatly appreciated.

WinnieTheW0rm Sun 08-Jan-17 10:32:52

This

www.gov.uk/register-british-citizen/born-before-2006-british-father

Residency - unless it is to do with a required number of days in UK - won't be relevant.

FatherChristmas1 Wed 11-Jan-17 13:55:48

Hi,

Thanks for your reply. From my understanding that is an application to register as a British citizen. Even in going down that route (even though both parents are both British born) it would need the consent of the mother, which is not forthcoming.

This is the document that outlines the requirement for a British passport: www.gov.uk/government/uploads/system/uploads/attachment_data/file/118591/children_s-applications.pdf

Other than mum changing her name officially, I don't think there is anywhere else it can go apart from back to court.

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