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getting passport for my son

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  • 19-12-2009 7:17am
    #1
    stumblina
    Registered Users Posts: 23 ✭


    i'm 20 and have a 6 month old son who i'm hoping to take a holiday in jan. however his father is fighting with me at the moment and says he wont give permission. do i need his permission seeing as we're not married and my son lives with me and does it give him right to stop me if his name is on birth cert


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    #2
    AntiRip
    Closed Accounts Posts: 2,244 ✭✭✭AntiRip


    stumblina wrote: »
    i'm 20 and have a 6 month old son who i'm hoping to take a holiday in jan. however his father is fighting with me at the moment and says he wont give permission. do i need his permission seeing as we're not married and my son lives with me and does it give him right to stop me if his name is on birth cert


    I don't think he can stop you stumblina. If you click on this link HERE and go to section 8, it only requires one parent to sign on behalf of the child.

    The Post Office have all the forms, and for a fee they have a service called 'Passport Express' with 10 working day turnaround time to get the passport back to you.

    Details here: An Post

    More Info here: Department of Foreign Affairs


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    #3
    nesf
    Registered Users Posts: 27,645 ✭✭✭✭nesf


    stumblina wrote: »
    i'm 20 and have a 6 month old son who i'm hoping to take a holiday in jan. however his father is fighting with me at the moment and says he wont give permission. do i need his permission seeing as we're not married and my son lives with me and does it give him right to stop me if his name is on birth cert

    If he doesn't have guardianship he can't stop you I think unless he goes to court to get guardianship in order to stop you from doing so. If he has guardianship then it's more complicated I believe.


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    #4
    nesf
    Registered Users Posts: 27,645 ✭✭✭✭nesf


    AntiRip wrote: »
    I don't think he can stop you stumblina. If you click on this link HERE and go to section 8, it only requires one parent to sign on behalf of the child.

    The Post Office have all the forms, and for a fee they have a service called 'Passport Express' with 10 working day turnaround time to get the passport back to you.

    Details here: An Post

    More Info here: Department of Foreign Affairs

    The Passport form requires the signature of both guardians for people under 18 (section 7). Or one guardian and an affidavit signifying that you are the sole guardian where there is only one guardian.


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    #5
    stumblina
    Registered Users Posts: 23 ✭stumblina


    thank you very much,


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    #6
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Having his name on the birth cert means exactly zero. The only thing that counts is guardianship. As you're not married he doesn't have guardianship by default (personally I don't agree with that but that's the way it is). Unless you both have actually filled out a statutuary declaratation of guardianship he is just an unmarried father with no rights. So, as nesf said, you sign the passport application and declare that you are the sole guardian.


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    #7
    Klingon Hamlet
    Registered Users Posts: 2,738 ✭✭✭Klingon Hamlet


    It sounds like there's a fair bit of animosity between the OP and the father. I'd personally recommend that the OP solve the problems with the dad if possible first. Otherwise if the OP goes ahead with the holiday then it might make things even worse. I make no assumptions about the OP or the father, but the father will take it personally and this small thing could blow up out ofproportion.

    Mediation is an excellent way of coming to some sort of agreement. It's very important that if he loves his child, he's made guardian. Maybe you could agree on both---guardianship and liberty to take OP and father's child abroad for a holiday. Reach a fair agreement and things will go smoothly, hopefully.

    All IMHO.


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    #8
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    true last post try it


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    #9
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    I believe if he refuses to sign it you can apply to the courts to get the child a passport.


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    #10
    Gyalist
    Registered Users Posts: 2,537 ✭✭✭Gyalist


    metrovelvet wrote: »
    I believe if he refuses to sign it you can apply to the courts to get the child a passport.

    That's correct. You can apply for a court order dispensing with the need for a parent to sign the application.


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    #11
    Lollymcd
    Registered Users Posts: 802 ✭✭✭Lollymcd


    metrovelvet wrote: »
    I believe if he refuses to sign it you can apply to the courts to get the child a passport.

    He can refuse all he likes, there is no need to go to court, if you are not married then he has no legal rights to the child. Sworn affidavit is enough as others have posted.


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    #12
    Klingon Hamlet
    Registered Users Posts: 2,738 ✭✭✭Klingon Hamlet


    Lollymcd wrote: »
    He can refuse all he likes, there is no need to go to court, if you are not married then he has no legal rights to the child. Sworn affidavit is enough as others have posted.

    Not 100% correct. Unmarried dads can still be legal guardians. The affidavit is to say that the parent is sole guardian to the child, and that there are no pending guardianship applications. If for example the mum, who was a sole guardian, signed a sworn affidavit, and the father had an application for guardianship pending (as in a court date was set) then the affidavit would not stand.

    This is a very delicate situation to handle, and I'd recommend speaking with the free legal advice centres nationwide. They will steer OP in the right direction.


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