To just send off for child's passport?

[shuz1980]

My partner and I are going on holiday next year and we would like to take his dd with us. Problem is, she doesn't have a passport and never has and dp doesn't have parental responsibility over his dd and stated on the passport forms, the person with pr needs to sign the form. He is on the birth certificate but the reason he doesn't have pr is only the Mum had parental responsibility of the child regardless if the father was on the birth certificate then the law changed in 2004 but dsd was born in 2003  we haven't asked dsd's mum to sign it because we know she wont, she's spiteful. Would we be unreasonable just send off for it? Would dp get into trouble?

Yes YABU

Do you plan to abduct her for the holiday. Your partner should get PR, through the courts if necessary, more important than a holiday.

No we don't plan to abduct her! She lives with us full time, she see's mum 1-2 a month.

If she lives with you full time gaining PR would be simple. I would do it by the book.

You have lots of time and it would be advantageous in other ways to get PR so definitely go for that first.

She was born 2003, so she's 16 next year? Which is when SHE can apply for an ADULT passport? Can't see what the problem is then?

When is she 16? She can apply for her own adult passport then and it will last for 10 years rather than 5 which is a bonus!

As he doesn't have PR, taking her without her mum's consent would be abduction. Taking her to another country without her mum's consent would be international child abduction.
Are you really going to risk it?
(Either don't take her or as she's 15, big up the holiday to her and get her to get her mum to sign the forms)

It depends when she is 16. She can apply for her first adult passport within 3 weeks before her 16th birthday. Obviously if she is born in the end of the year that will be more difficult

Thanks everyone, she's 16 late next year, and we plan on going away in July for father in laws 60th birthday. We'll look into getting pr, hopefully it's straight forward.

It’s very easy to get his name on the birth certificate. If mum agrees then it can go on no worries, if she doesn’t then your DH can apply to court for a declaration of parentage. I see no reason why the court wouldn’t grant it especially as DD lives with you full time.

Forging the signature is illegal and if your DH got caught he’d be in trouble, not really worth being charged with fraud for a holiday is it?

childlawadvice.org.uk/information-pages/parental-responsibility/

Surely you can apply to the court for PR? A man that has the child full time versus just 1-2 times a month contact is guaranteed to be granted PR

My hubby applies for his DDs passport and both times they have requested proof he has PR so basically you are delaying the process if you just send it off.