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My son carries dual US/UK citizenship however he is not allowed to enter theUS on his UK passport. My son's US passport has expired; he has spentevery summer of his life since birth in the US. He is now 10. His father &I are divorced but the custody issue was not dealt with in the divorce.

 

In order to get my son's US passport renewed both parents have to attend theUS embassy in person with the child. I asked my son's father back in January 2013,to go with my son & I to apply for the passport, he did not & has not responded.

 

 

US rules state as follows;

Important Notice: the written consent from the non-applying parent that accompanies an application for a new passport must be less than 3 months old. If not available, you will be required to furnish evidence of the appearing parent's sole authority to apply for the passport in the form of one of the following:

 

  • Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only applying parent;
  • Child's birth certificate listing only applicant parent;
  • Adoption decree (if applying parent is sole adopting parent);
  • Court Order granting sole custody to the applying parent (i.e the absent parent has no access to the child. Child's travel must not be restricted by that order;
  • Judicial declaration of incompetence of non-applying parent; or
  • Death certificate of non-applying parent

Can someone please advise me if the court can force my ex to go to theembassy with my son & I or can I can secure sole custody? My son requiresthe passport by Early July 2013.

 

Can I make an application for a Special Issue Order to get my ex to goto the embassy? I cannot afford to engage a solicitor. I'd be gratefulfor any advice. Thanks

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Have you spoken to the British Embassy about this - they might be able to help.


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Have you spoken to the British Embassy about this - they might be able to help.

 

No I have not. We are in the UK.

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No I have not. We are in the UK.

 

Citizen B your suggestion sounds interesting. Could u please expand on it ie r u suggesting I go to the British embassy in the UK, where we are based? What would I be asking? Thanks

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Yes, speak to the BE in this country :lol:

 

Explain the situation to them and ask if there is anything they can suggest. In which country is your son at the present time ?

 

TBH, I am just clutching at straws on your behalf, I have flagged your query in the hope that others on the site team might be able to advise.


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4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, speak to the BE in this country :lol:

 

Explain the situation to them and ask if there is anything they can suggest. In which country is your son at the present time ?

 

TBH, I am just clutching at straws on your behalf, I have flagged your query in the hope that others on the site team might be able to advise.

 

Thanks citizen B I appreciate you even clutching at straws. My son lives with me here in the UK but always returns to the US every summer

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Righto. Will the thought of your Son not being able to visit him, spur your ex on to dealing with the passport situation ?

 

I am not quite sure that you will be able to issue proceedings to force him to do this, I simply dont know.


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2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Righto. Will the thought of your Son not being able to visit him, spur your ex on to dealing with the passport situation ?

 

I am not quite sure that you will be able to issue proceedings to force him to do this, I simply dont know.

 

He tends not to behave reasonably as far as our divorce is concerned. His (I think hatred of me), does not allow him to remember that his unreasonable behaviour actually affects our son.

 

So is my only option to commence custody proceedings which even if ruled in my favour is not going to be concluded before summer?

 

Can I not apply for some type if emergency order to get my ex to cooperate re the passport ?

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I simply dont know the answer to your question. I kind of get the impression that others have no advice to give either.

 

The only other thing I can suggest is that you communicate to your ex that if he doesnt co - operate, then you will have no alternative but to seek full custody, and that without a US Passport then you son is going to be the only victim in this as he will be unable to visit his father.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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