Passports and holidays

[user1471508872]

If anyone knows the rules around this I’d be grateful as I’ve had a google and can’t find anything specific.

Oldest DS (14) has no contact with dad. Solicitor wrote to dad to advise he could only send letters dues to abuse towards DS over message but no court order etc in place. Still sees dad’s family regularly. He is awaiting assessment for ASD and ADHD. DS nana has asked to take him to Spain at the beginning of July, she asked in front of DS. I’ve said no for many reasons. I’ve had nothing but abuse all weekend from DS because I’ve said no. He’s been told off for the way he has reacted but it’s not entirely his fault as this should never have been mentioned in front of him as he gets fixated on things. We’ve had a similar issue previously but Nana refuses to believe ADHD/ASD is a possibility and just laughs it off.

DS passport is currently out of date. Is his dad able to apply for a new passport for him without the old one there and without my permission? As this is the type of trick they would try and play to get their own way. DS would go along with anything his nana says as she pretty much lets him do what he wants so he thinks the sun shines out of her backside.

Is It possible for them to be able to get his passport themselves and take him on holiday without my consent?

Thanks

Yes, my sons dad managed to get him a new passport without my knowledge

Presumably they'd just say the old passport is lost. I think there is a box to tick for this on the application.

I'm on the other side of this as the RP trying to take my older teen on holiday but the NRP has refused consent. Check out the FCO advice. Essentially, everyone with parental responsibility has to give permission for a child under 16 to travel abroad. He/ grandma would need a letter of consent from you and failure to do this might result in claims of child abduction. They could seek a specific issues order to take your child on holiday. Equally You can seek a prohibitive steps order to stop travel if necessary. In both cases it will be a decision by the judge about whether it is in the child's interests or not. It could go against you.

Where it is very unclear is if the child is over 16.

In reality the consent to travel thing isn't the issue they say it is so cannot be relied upon to stop it. I have a different surname to my children. We have been away on 3 different occasions now and not once have I been questioned. Youngest has only just turned 17, all 3 flights abroad were when he was under 16.
On the first occasion we actually had someone else's under 16 with us too, sports tournament and his parents weren't able to go. I made sure I had a letter from them but again, wasn't questioned at any point.

@POTC this was legal advice I received. I agree you might be lucky and not be asked for the letter of consent most of the time, especially if you have the same surname. Unfortunately I do know of people who were stopped, some destinations will check (eg S Africa) and, in my case, i am dealing with a very malicious ex who absolutely would try to make things difficult so i prefer to do things by the book to avoid issues when i can!