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can he get ds his nationality without my knowledge

11 replies

mumsville · 16/06/2007 21:42

I'm a bit concerend.

My husband and I are having serious marital problems and things are getting worse.

DH is from a southern european eu country. our ds is UK national. Can my DH apply for a second passport from his country for my ds (baby) without my knowledge.

I have two copies of ds birth certificate and I'm a bit concerned as I can't find one.

Also ds is convinced I wouldn't get custody. What's the criteria. He keeps saying I'm mad but I guess this is a normal accusation when a marriage is going down hill.

DH not an evil person but a desperate none and that's what frightens me . I need to ensure that ds and I OK before I can even consider leaving dh.

He also thinks the flat is his (in joint names but I'm now a stay at home mum and haven't contributed to mortgage for 2 years).

Does anyone have any experience of this.

OP posts:
colditz · 16/06/2007 21:48

flat isn't his. You have contributed - you looked after his son to enable him to work.

I think in this country, residency is awarded to the mother unless there is a bloody damn good reason why not to - such as heavy SS involvement, drug dependancy etc.

mumsville · 16/06/2007 21:52

He just thinks that I have somewhere to go so he should have that.

He also refuses to leave a will which I believe is a problem.

Don't know where to start getting him to be a responsible adult.

I've tried calling the consular representation of his country here to see whether in theory my ds could get a passport without my knowledge - just can't get through.

Thanks for that

OP posts:
maisym · 16/06/2007 21:54

can you read through the application forms if they're on line?

does his country allow two nationalities to be held?

potoroo · 16/06/2007 22:02

He can't get a passport without first getting nationality - they are two separate issues.

So first your DH would have to apply for your DS to get citizenship from DH's country. I don't know what the law is of that country, but it may be possible for your DS to get citizenship based on your DH's heritage. However, he would more than likely need your signature on the form.

Then, if your DS is granted citizenship he can apply for a passport - again, your signature would need to be on the form. These are normally lengthy processes though.

mumsville · 16/06/2007 22:04

No web site doesn't say and I can't get through by phone. I guess it's legal advice for me.

I'm not saying it's going to happen but given the comments generally from dh and the fact that he's a very reactive person I should be prepared.

I'm thinking that if we seperate/divorce there would be a case of having ds put on my passport.

OP posts:
potoroo · 16/06/2007 22:07

What I meant to say was just because your DS is eligible for citizenship does not automatically grant him that right IYSWIM.

My DH and I are both Australian but DS was born in UK while we were resident here. DS is British by birth, and we had to apply for his Australian citizenship (showing that both DH and I were Australian by birth) then once that was granted, we applied for DS's passports.

potoroo · 16/06/2007 22:07

Mumsville - are you British? If so, you cannot put DS on your passport - it must be separate now.

mumsville · 16/06/2007 22:13

Yep, I think I get the issue of citizenship/passport now. Unlikely that would process would bypass me.

In relation to getting ds put on my passport, he currently has his own but I believe that in cases where the child might be at risk of being taken out of the country without the other parent's knowledge they can put them on mother's passport.

OP posts:
potoroo · 16/06/2007 22:16

Oh - okay - didn't realise that about the separate passport thing.
It sounds like you are in an awful situation, but short of your DH forging your signature, I don't think he could get it done without your knowledge.

Anna8888 · 17/06/2007 09:20

Whether or not your DH can apply for a passport for your DS from his country without your knowledge depends on the law of your DH's country only.

The flat belongs to both of you if you are married and is in your joint names.

mumsville · 17/06/2007 12:41

I guess I'm just worried that if things went pear shaped he could take ds to his home country and with their citizenship cause me problems getting him back.

I think all kids need to have their mum's citizenship imo.

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