Mum refusing dad permission to renew child's passport.

Gettingtherequickly

Hi

Writing this on behalf of someone, so may not have enough information.

Parents separated, but dad is actively involved in child's (14) life. However, child is proving to be a nightmare and dad is desperate for them to be on straight & narrow. Has just been excluded from 3rd school in 18 months, is easily led so a lot of the trouble may not have been initiated by the child, but by actively participating, getting deeper into trouble.

Dad is from the Commonwealth and wants child to go to school in his home country as he feels that with more discipline & respect, the child will turn out to be the person he would like to see as an active, productive member of society, in fact he has organised a place. However, passport has expired and mum is refusing to allow him renew it as she doesn't want child to go. Dad fully understands this, what parent would willingly send their child to another country to be educated unless it was felt to be absolutely necessary? Social services appear to agree that it would benefit the child to be removed from the current peer environment and have advised that he take legal advice, so hence the question, what specialism should he contact, family law or is there something a bit more specific? He doesn't earn a huge amount so costs need to be factored in also.

I really feel for him, he is desperate to do the right thing for his child and feels as he is hitting a brick wall.

FBaby

By Social Services, do you mean social services in his country? How far away are you talking about?

It sounds like the only way he could force a change in residency would indeed be via the courts. What are the reason for mums for not agreeing (which might or might not be valid?)

Person_one

I certainly hope there isn't any legal way for one parent to send a 14 year old to another country (alone?) against the wishes of the child and the other parent!

Proxima_Centauri

Does a child's passport require the signature of both parents, then?

peachyprice

What does the child want to do? At 14 years old, any legal route the father takes will seek the views of a child of that age. The father can't force the child to go against his/her will.

peachyprice

Proxima_Centauri wrote: »

Does a child's passport require the signature of both parents, then?

It can only be renewed by the parent who applied for the original passport, so if it was the mother she has to give written consent for the father to make the renewal application. So I'm assuming, in this case, that it must have been the mother who made the previous application.

iammumtoone

Have all other options being considered first without removing him from his mother? Whilst the child clearly needs removing from the current environment, is it going to help him not being able to see one of his parents? does the child himself want to go and fully understand what this means.

I suspect there may be more to this story as SS do not take removing a child to a different country away from one of his parents (who doesn't want him to go) lightly. Are they sure they have understood SS correctly? yes removing him for his current peer environment a good idea but to a different country, possible different culture/language from away from one of his parents? Really?

Can they not look into moving to a different part of this country all together?

Proxima_Centauri

iammumtoone wrote: »

Have all other options being considered first without removing him from his mother? Whilst the child clearly needs removing from the current environment, is it going to help him not being able to see one of his parents?

I assumed that he already doesn't see one of his parents if the dad's living in a Commonwealth country (?)

It sounds like the boy could do with a complete change of environment, decent schooling and a different society. It's amazing what a change of culture/peer group can do.

The mother should want the best for her child.

iammumtoone

Proxima_Centauri wrote: »

I assumed that he already doesn't see one of his parents if the dad's living in a Commonwealth country (?)

It sounds like the boy could do with a complete change of environment, decent schooling and a different society. It's amazing what a change of culture/peer group can do.

The mother should want the best for her child.

I read it as the Dad was living in the uk.

Yes I agree a complete change of environment can do wonders but not at the expensive of the welfare of the child being taken away from his mother and the country he knows. There are ways of changing the environment/decent schooling without going to these extreme measures, unless of course the child wants to go, that does make the situation slightly different.

Gettingtherequickly

Thanks for your responses/questions. They have opened up other ways of viewing things, as I said initially, I may not have enough information so will have to ask Dad about original passport etc. Language would not be a problem if child goes as English speaking country.

Moving to a different part of UK is an option probably not considered, although Dad has asked if child could go to school within a different council, but has concerns about weekends & holidays, so as has been mentioned, different environment is the best option.

Will speak to him so that he can explore other possible options.

TBagpuss

Regardless of the issue with the passport, removing the child from the UK for anything more than short holiday would need the consent of both parents, or an order of the court.

Father can apply to the court for a Specific Issue Order, the specific Issues being where (country and specific school) he should be educated and following on from that, whether a new passport should be obtained and provided.

A court would have to decide whether the proposed change to schooling was in the child's best interests, with reference to a range of factors (see http://www.legislation.gov.uk/ukpga/1989/41/section/1) including the child's own wishes.

If he seriously wants to pursue this, dad will also need to think about, and be prepared to provide to the court detailed plans and proposals about how this would work in practice: for instance:
- How is the school place to be funded? How secure is that funding?
- How is son going to get to and from the commonwealth country at the start and end of each term, and how is that going to be funded?
- what are the arrangements going to be for maintaining contact between son and each parent?

Depending on what specific problems son has and why he has been expelled form other schools, a court may also want some pretty specific information about what the likely consequences would be on him if he behaves in a similar way in the country dad is suggesting he go to. For instance, if he has been involved in things such as stealing, 'joyriding' or drug use, is similar behaviour likely to result in criminal convictions / imprisonment in an adult prison or other severe consequences?

Also - does dad have explicit, written advice / endorsement from Social Services? There is a huge difference between a a Local Authority say " we think this child is at risk and will consider taking Care Proceedings if mum won't cooperate with these plans" and an individual social worker having a conversation with dad and saying "yes, that might help him"

His first port of call should be an experienced family solicitor