Passport For a Child

LegacyUser · 11-03-2015 3:43pm #1

Hi. I have a child with a man who is not legal in this country and we are not together. I didn't know this when I got pregnant. He is after my child's passport to claim his residency. However, my child does not yet have a passport. He doesn't pay maintenance, or see his child. We have a court order for guardianship and access (although he doesn't comply). I'm afraid that if he got hold of my child's passport, he would run off with her. He mentioned before a few times about taking her to see his parents in Nigeria. I have to visit the UK for a family event and I want to take my child. If I can't bring her, my parents would mind her, but is there ANY way I can get a passport without the father knowing? I know that it states that both parents have to sign the application form, but Im just afraid he will get his hands on it somehow.

TIA

Neyite · 11-03-2015 4:05pm

I think your best bet is to talk directly with the passport office.

This might be a start in your information gathering. Because he has guardianship, both parents have to sign for the passport according to this. He can apply to the district court for consent to apply for a passport if you withhold consent. Being illegal he may not want to go through the courts to get it though.

I dont know the details, but you could ask the passport office if its possible to put an alert on the passport. Does the child have your surname or his?

Rubberchikken · 11-03-2015 4:25pm

i agree ^^ and if you can speak to a solicitor. good luck

Nabber · 12-03-2015 8:18am

Sounds more like a disscussion you should be having with dept for children and youth affairs.

Your daughter is the concerned party here.

Go to the gardas also.

ABajaninCork · 12-03-2015 2:57pm

Is there any way you can get the child made a ward of court?

kylith · 12-03-2015 4:12pm

ISTR that the law was changed a few years back and having an Irish-born child is no longer a guarantee of citizenship so, AFAIK, he cannot simply 'claim' citizenship.

Definitely talk to someone in a legal capacity regarding this. And when you do get a passport for your child make sure to keep it hidden, in a relative's house if possible.

LegacyUser · 12-03-2015 4:28pm

Neyite wrote: »

Does the child have your surname or his?

My child has my surname but he is on her birth certificate.

kylith wrote: »

ISTR that the law was changed a few years back and having an Irish-born child is no longer a guarantee of citizenship so, AFAIK, he cannot simply 'claim' citizenship.

Definitely talk to someone in a legal capacity regarding this. And when you do get a passport for your child make sure to keep it hidden, in a relative's house if possible.

That is my plan if I was to get a passport for her. But I do know that he needs to sign the form also, so he will know that one has been issued.

ABajaninCork wrote: »

Is there any way you can get the child made a ward of court?

What would this involve?

Thanks

eimerom · 12-03-2015 11:38pm

Not sure of passport issue except maybe get legal advice. With regards travelling to england though would u be in a position to fly from belfast. I don't think all airlines require children to have id as travelling within uk. U would need to check id requirements of the airline before booking. The same goes for the ferries. It might save u having to worry about getting a passport for another while.

ABajaninCork · 12-03-2015 11:50pm

Ryanair will require a passport going to the UK.

WRT to making the child a ward of court? I have to admit, being English I'm not too clear how exactly you can go about this, here. But I know it can be done. To give an example - A friend of mine at home has custody of her daughters. Their father is foreign. But she doesn't trust him not to take the children back to his country and keep them there. So she had the kids made wards of court. If the father takes them without the mother's permission, then the court has the power to order their return and can jail the father (or anyone found helping him) until they comply with the court order. Perhaps you could explore this further with FLAC?

Gyalist · 13-03-2015 3:20am

The Family Court can order that a passport be issued to your child without the signature of the father.

Chemical Byrne · 13-03-2015 9:31am

Gyalist wrote: »

The Family Court can order that a passport be issued to your child without the signature of the father.

This would be a good idea worth looking into.

You could say you are in fear of him or something, which to be honest, you are if you worry he will take your daughter. You should tell the gaurds anyway just for the sake of having your statement on record.

Is he in the country now do you know? I wonder would they also be able to do anything to issue a passport if you say he's absconded and you can't find him?
If he's illegal maybe you could contact the guards re deportation etc etc.

uck51js9zml2yt · 13-03-2015 9:47pm

There is the option of reporting him to the Garda National Immigration Bureau

zeffabelli · 13-03-2015 9:53pm

You don't need a passport to the UK if you travel Aer Lingus.

You might petition the courts to have guardianship removed if he is illegal.

Or you can get a court order to for the passport independent of the father.

If he is illegal how can his rights possibly be enforced? He'd just be shipped off no?

The_Conductor · 14-03-2015 9:17am

Get the ferry- its the easiest way of getting around needing a passport at the airport......... I'd also seriously advise not getting a passport- if you suspect he is going to use it as a travel document to remove your child from this jurisdiction. We have several cases outstanding (for Nigeria) of Irish children who have been abducted. If you can head this off at the pass- do it........

Also- if you can't afford to go to a solicitor- ring FLAC- you need proper professional family law help.........

Keane2baMused · 14-03-2015 9:42am

Firstly I would go back to the courts. You can explain to the judge that the father has not used his guardianship and access arrangements in order to see his child and that he is also badgering you to get a passport so as he can apply for citizenship.

The judge can revoke his guardianship and in my opinion is very likely to do so on these grounds.

punisher5112 · 14-03-2015 9:49am

<Mod Snip> Unnecessary comment.

As others have said get legal help on the matter.

Big Bag of Chips · 14-03-2015 10:05am

Some posters have suggested bending the truth slightly to get more protection. Do not do this, under any circumstances. Don't say you think he has absconded. Don't say you are afraid of him. Stick to the facts of the situation.

You also have to consider your child. If you report your ex and have him deported then if he wants a relationship with his child you will have to facilitate that. You're in a messy situation now so need to get as much legal advice as you can and make sure you follow the advice to the letter.

Big Bag of Chips · 14-03-2015 10:13am

Mod Note: punisher5112, please familiarise yourself with the standard of posting expected in PI.

Chemical Byrne · 16-03-2015 9:34am

Big Bag of Chips wrote: »

Some posters have suggested bending the truth slightly to get more protection. Do not do this, under any circumstances. Don't say you think he has absconded. Don't say you are afraid of him. Stick to the facts of the situation.

You also have to consider your child. If you report your ex and have him deported then if he wants a relationship with his child you will have to facilitate that. You're in a messy situation now so need to get as much legal advice as you can and make sure you follow the advice to the letter.

I'm not saying she should lie.
I'm saying she should say she has a legitimate worry that this man is trying to get the child to get a passport to for his own purposes, either to obtain citizenship or to abduct the child away out of the country.

Big Bag of Chips · 16-03-2015 10:36am

Chemical Byrne wrote: »

You could say you are in fear of him or something, which to be honest, you are if you worry he will take your daughter. You should tell the gaurds anyway just for the sake of having your statement on record.

"In fear of him or something"? "Tell the guards anyway"? Being afraid of him, and being afraid he would take the child are two completely different things. Telling the guards you are afraid of him when you are not is lying.

I wonder would they also be able to do anything to issue a passport if you say he's absconded and you can't find him?

You can find him. You are in contact with him. Again - don't lie. Get legal advice and stick to the facts.

Chemical Byrne · 16-03-2015 11:11am

In fairness, the priority here should be doing what is best for the child.
And if that means bending the truth a bit to minimise the chance of the child being abducted and packed off to the third world then I think it is undoubtedly the lesser of two evils.
This guy is not even legal in the country, so I think OP holds most of the cards here anyway.

zeffabelli · 16-03-2015 11:19am

Op - a couple of simple things.

1. You can go to the UK on the boat or on Aer Lingus without a passport.

2. You need the father's signature but the passport goes directly to you. It never need leave your hands.

I have recently gone through this myself with a father who resides out of teh country and IS a citizen and the passport office {DFA} have already told me they will have to consult the courts themselves on the application and that is a far less complicated scenario than yours is.

The local guards have also told me the DFA have gotten extremely strict about children's passports recently and that the DFA call them up to confirm that father was present at the signing with the mother and that the guards witnessed this.

It beggars belief in my mind how an illegal alien is supposed to go into a police station and sign a form with ID which will clearly demonstrate that they are illegal and then the application is submitted to the DFA.

I genuinely can't see how this works.

Passport For a Child

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