Ex Boyfriend

[MummyTaylor97]

Hello I put a post on yesterday about my ex boyfriend too. There has been domestic violence involved since my son was little, I left him and we tried mediation since. He's now tried mediation since, I have since messaged and asked if there's any chance he can sign my sons passport as I have booked a holiday for his 3rd birthday. He's refusing, what can I do about this?

You do not need his signature to get a passport. Only one parent has to sign the application. However, if your ex has parental responsibility you will need his consent to take your son out of the country. If he refuses you will need to go to court for a specific issue order. You will have no problem getting an order for a genuine holiday.

Will o still need permission from him even tho it's only for 6 days? It's for his third birthday.

I have just returned from long haul flight with my two children
Alone
No permission needed

Do you have same surname as your child?

If you have parental responsibility you don’t need to ask his permission if you are going for less than a certain amount of days, 28 I think?

You do not have to get parents permission I have just had my children's done without there dads permission. You just need to Wright a covering letter and explain the situation, mine was explained to explain that my children has no contact with there father etc he hasn't been involved since such date. It wasn't a problem. So hopefully will be ok if not ring the passport offices phone number and ask for some advice they are quite good with that as that's how I got advice and completed mine

No unfortunately he's in my partners last name as he said he wouldn't be involved otherwise.

All three of the above posts are legally incorrect.

If you have a court order stating the child lives with you, you can take your child out of the country for up to 28 days without needing anyone's consent. If you do not have such an order you need the consent of everyone with parental responsibility or, failing that, a court order to take your child out of the country. If you do not have the relevant consent you may find you are refused boarding at the airport or refused entry at your destination.

Yes, people do travel without the relevant consent and get away with it, just as some people travel on trains without tickets and get away with it. But, every year, some people have their holidays ruined because they thought they could get away without the necessary consent or court orders.

Cross posted! When I referred to "all three of the above" I meant Mmmmbrekkie, ATBHun and wellletshavealookshallwe.

Your child's surname is irrelevant as far as the law is concerned, although in practical terms you are more likely to encounter problems if your child has a different surname to you.

@prh47bridge

How was mine incorrect?
I was recounting what happened this morning! Flew back on my own with two young children

South Africa recently abandoned requirement of permission from absent parent

That wasn’t where we went but point is... there was a big issue surrounding the SA introduction and was abandoned less thab two years later

FIrst off yes only one parent has to sign to get a passport - I would get one now

Secondly do you have a court order as residential parent?

Shame you gave the child his surname. Change it now by deed poll if you can? Or you will have problems taking the child on holiday for the next 13 years.
Sounds like you need to get a solicitor and get parental control sorted.

@prh47bridge as for mine, is correct and I didn't need a court order to get a passport as I had correct birth certificates, covering letters etc references to sign. It was all ok as long as you explain circumstances correctly and show everything they ask for. Been away for Christmas with children 2weeks not a problem passports all good

We was advised when we went mediation to go to court and get a residency order as they deemed him not to be trusted. However I'm a single mum pregnant with my second child and
Haven't been able to afford to go to court and get one. He's reapplying for mediation as we speak according to the threatening messages I was sent yesterday - should I apply for the passport now before the mediation goes through again? I'm worried if I don't go it'll look worse on me in the future

Report him to police for threatening messages.

I did not say that anyone was lying. I am quite sure you did fly back on your own/take your children away for Christmas. However, if the father has PR and did not consent to you taking your child out of the country you should not have taken your child out of the country unless you had an appropriate court order. That is the law.

You do not need a court order to get a passport. Anyone with PR can apply for a passport for a child.

However, if you do not have a relevant court order (a child arrangements order saying the child lives with you, a residence order or a specific issue order), you need the consent of everyone with PR to take your child out of the country. If you do not have consent you are committing a criminal offence (child abduction), although it is unlikely you will be prosecuted for it if you are only going on holiday. However, if you don't have consent you run the risk of being refused boarding at the airport or refused entry at your destination.

Every time someone posts a problem like this on legal there is a pile on of people saying that they took their child(ren) out of the country without consent and got away with it. Many do. But, every year, some parents have their holiday ruined because they listened to those who said they could ignore the law.

www.gov.uk/parental-rights-responsibilities

If the father has parental Responsibility, which he does automatically as named on birth certificate, then yes you need written for major life change such as moving abroad

A 6 day holiday - no

But, every year, some parents have their holiday ruined because they listened to those who said they could ignore the law.

Perhaps you could link to an example?

A 6 day holiday is not a major lore event. The gov refers to moving country or choice of school.
You are wrong

I have loads of police reports logged but they refuse to do anything and say it's just threats. Even mediation said unless he actually does anything then threats aren't taken into consideration and refused me a contact centre, he seems to get away with everything and don't want my child to miss out from his immaturity

Mmmmbrekkie - I am right. You are wrong. The relevant law is the Child Abduction Act 1984 Part I. Incidents tend not to make the news but if you trawl through threads on here you will find some people who had a problem. And you could try looking at the relevant advice on .gov.uk - www.gov.uk/permission-take-child-abroad. As it says in big bold letters, "Taking a child abroad without permission is child abduction."

Indeed it is

If you don’t have parental responsibility!

If both parents have parental responsibility and one goes on holiday with the child but without the other parent (not a major life event!) then no permission required

I am divorced
My solicitor advised this

DianaT1969
Shame you gave the child his surname. Change it now by deed poll if you can?

from memory of other threads, the OP can't do this without the ex's permission.

Am I going to hell if I find a legal thread funny when I see posters arguing about the law with one of Mumsnet's resident solicitors?