Want to get my child's passport

Phlavin92

Lads I've been trying to get my childs passport with a while and her mother is just being awkward about it. Now I've asked more times it's sickening with no hope. I have a boy with her aswell she had from another lad but I'm the child's father because the other lad never bothered. She said she wants to bring them on holiday first which I get but when I offered to send them and then I bring them on our own holiday she clammed up again! I'm gonna ring my solicitor on Tuesday anyway about it all just wondering has anyone else had a similar experience as me?

Caranica

Do they have passports or do you want to apply for them. If it's application you can get a court order to get her to sign the paperwork (friend did it, is cost them over 1k though) but first passports take a while to get so it's unlikely you'd have before end of summer.

Phlavin92

I want to apply for them, the holiday won't be till next year so il have plenty time

Caranica

You need to talk to a solicitor so if the mother won't agree to sign the paperwork. Your own child should be straight forward enough but I can't see how you could get a passport for the boy unless you had some sort of legal standing (adoption/guardianship)

Ezeoul

You don't need to waste money on a solicitor to sort this one out.

Just get the passport application forms, and ask her to sign them. If she still refuses then go to the local family court and ask to apply to the court for "their direction". The relevant district court form is 58.17 and you can read it at https://www.courts.ie/content/forms-civil-proceedings .

This is one of those things that comes up frequently before the courts. She will be asked to give her reasons for refusing to sign the passport forms, and "I want to go on holidays first" is not a sufficient reason.

However, as @Caranica already pointed out, you can only apply for your daughter. Unless you have legal guardianship for her son, you have no legal standing to apply for a passport for him.

(eta) Further info:

https://www.courts.ie/passport-issues

GerardKeating

https://www.boards.ie/discussion/comment/120948375#Comment_120948375

Which leads directly to the thorny question, whom get "custody" of the passports?

Ezeoul

https://www.boards.ie/discussion/comment/120950912#Comment_120950912

He can ask the court to direct that at the same time.

Mrs OBumble

https://www.boards.ie/discussion/comment/120950880#Comment_120950880

Fear that the child will not be returned to the jurisdiction would be an accepted reason,though?

Ezeoul

https://www.boards.ie/discussion/comment/120951020#Comment_120951020

There would have to be some kind of basis for having such a fear.

If that is the reason why a parent is refusing to sign a passport form, then they will get the opportunity to make their case against the application to the Court, and the judge will make the decision.

I've personally never heard of a Judge refusing an application such as the OP is requesting.

Ezeoul

Deleted duplicate post