dispense with signature for child's passport

Jayisplay · 09-01-2018 8:41pm #1

Hi I wonder if someone will please help me out here my child's passport is due for renewal but his biological father is not around and we haven't heard from him since 2009. Hes also a legal guardian. Can anyone tell me how to go about getting a dispense with signature I'm just wondering can it be done there and then in court and what documents I need to bring.i rang the court office and the girl was no help. If anyone has an advice or has been through the same situation please let me no

source · 09-01-2018 9:53pm

Jayisplay wrote: »

Hi I wonder if someone will please help me out here my child's passport is due for renewal but his biological father is not around and we haven't heard from him since 2009. Hes also a legal guardian. Can anyone tell me how to go about getting a dispense with signature I'm just wondering can it be done there and then in court and what documents I need to bring.i rang the court office and the girl was no help. If anyone has an advice or has been through the same situation please let me no

From recollection, and it's 10 years since I had anything to do with this stuff, so it may have changed, you need to swear an affidavit stating that the father is not around and location is unknown. This will need to be provided to the passport office with the passport form which you have signed.

As I said, this could have changed in the last 10 years, but that was the process as far as I remember.

Jayisplay · 09-01-2018 11:45pm

source wrote: »

From recollection, and it's 10 years since I had anything to do with this stuff, so it may have changed, you need to swear an affidavit stating that the father is not around and location is unknown. This will need to be provided to the passport office with the passport form which you have signed.

As I said, this could have changed in the last 10 years, but that was the process as far as I remember.

Thanks for the reply I did explain my situation to a solicitor and they won't give me a affidavit as he's legal guardian. But thanks again.

Victor · 10-01-2018 9:14am

Consider removing him as legal guardian.

Captain Obvious · 10-01-2018 5:33pm

source wrote: »

From recollection, and it's 10 years since I had anything to do with this stuff, so it may have changed, you need to swear an affidavit stating that the father is not around and location is unknown. This will need to be provided to the passport office with the passport form which you have signed.

As I said, this could have changed in the last 10 years, but that was the process as far as I remember.

I believe an affidavit is for someone who is the sole legal guardian. If one guardian is unwilling or unable to give a signature then an order must be obtained form the court.

https://www.dfa.ie/passports-citizenship/top-passport-questions/consent-for-children/

Jayisplay · 10-01-2018 8:44pm

Thanks for the replies .i do know I need to go to court I'm just unsure of the protocol .do I need legal representation for the order .id rather not have to go but it seems to be the only way to get my child's passport.

macf · 13-05-2018 8:35pm

Hi I have an appointment to get a court order dispensing with parents consent for my childs passport application. Did you go to court in the end? What questions do they ask and what proof do they ask for in relation to the other parent being 'unavailable'. What is the definition of unavailable? If the parent is available and willing but is abroad and cant get access to a witness, would that qualify as unavailable?
Any help much appreciated, this passport is really really urgent

hope2015 · 10-05-2022 1:46pm

Hi, I have sole custody of my child as per my divorce decree, I have a court date to get Dispensing order, since father is not around, is it possible to get a diespensing order forever, so we dont have to go to court for next passport renewal ?

15-05-2022 8:44pm

https://www.boards.ie/discussion/comment/119040911#Comment_119040911

Sole custody or sole guardianship? They are not the same thing.

If you have sole guardianship, you don't need to go to court at all, what you need is a Declaration of Sole Guardianship.

However, if he father is still a joint guardian, then you'll need the court to waiver his consent for the passport (even if hes not involved).

I've never heard of such a waiver being granted "in perpetuity" as a parent who is not a guardian, can apply (or reapply) for guardianship at any time up until the child's 18th birthday.

Mam3 · 20-03-2023 6:44pm

Hi All, I have a hearing next week to get a court order dispensing with parents consent for my childs passport. Did any of you go to the family court? What questions do they ask and what proof do I need to bring with me? Ex is simply refusing to get it done or saying he will but then no again. My nerves are completely gone with all this!!

Thanks in advance!

M

GarfieldandPookyBear · 23-03-2023 1:07pm

I haven’t had to deal with that yet thankfully but I did ask my solicitor what would happen. A child is entitled to a passport and the other parent would need a very good reason for refusing to sign. A judge would not favour any parent using this as a tool to inconvenience another parent. It is not in the child’s best interest. Unless you are a flight risk or the other parent has a good reason, the judge will sign for you dispensing of the other parents signature. Try not to worry, just be honest, leave out any dramatics, keep it brief and take a deep breath. You’ll be fine xx

dispense with signature for child's passport

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