Court Order to avoid sending passport forms to ex-husband

[Spacegirl]

Hello all

Seeing Cheffie's post made me think - perhaps I will get some replies to my current dilema...

My ex-husband is in SA and is not worth mentioning BUT... it seems I need his signature on passport application forms for my minor son's... despite having full custody - by SA standards the father (estranged or not) always has full guardianship!!

Apparently if I have a court order giving me full guardinship I dont need to go through the hassle of getting the father's signature... only question is which courts do I need to do this through - UK or SA... and if I use the UK courts will it stand up in SA?

Has anyone done this or know anyone I can spead with? I have sent an email to SA House asking the same question but am still waiting for a reply. The main reason I am hoping not to contact the ex is that the last time I needed a signature from him it took nearly 8 months and he had it witnessed wrong - voiding the whole document!!! We plan to travel in December and the boy's passports run out in June! HELP!!!!

bye for now
Samantha

[dudette]

I am no expert in this, but I would think the country where the children were born would be the one to approach.

Perhaps a lawyer would be more clear on this?

[Tania]

Sam, what nationality are the children, what are their ages and how long have they been in the UK for?

[Spacegirl]

The ages are 12 and 14 and they are both South African... been in the country since 21st October 2001. I have Irish citizenship/nationality/passport but even to get their Irish one I need a court order!! grrr... quite happy to do the whole court order thing just really need to understand its limitations if any... must get this sorted. How you all the same Tania?

[spam]

Hi Sam,
Long time no hear....
Just a quick one...
Does the father maintain contact,
Do you have contact details

Most passport / citizenship matters relating to children require the signature of both parents unless sole guardianship has been granted.
However most applications recognize that this is not always possible and allow for an informed decision to be made without it.

You can do a number of things....first I would look at the application form notes, if it says that if the other signatory cannot be obtained explain why, you have the opening. If you or the children have has no contact then I am sure they would consider the application on its merits, particularly if good reasons for the application are given.
If you are in contact, then I suggest you send him a letter with a set of application forms, in the letter express the wish to get them their foreign citizenship, detail why you wish to do so, why you feel it is in their interest to do and request him to either sign the forms or to supply a written reason why he refuses to. Send itregistered and see what happens. If he is being unreasonable or refuses to reply, you will then have evidence to that effect and that can then be put before a judge here, who can then order the authorities to issue.
The bottom line here is that everything must be done to better the lot of the kids, leave any benefit to yourself out of it and ensure that anything you do and say is to the benefit of the children.
You need any more help, send me an e-mail or PM and we can take it further.

[spam]

I am no expert in this, but I would think the country where the children were born would be the one to approach.

Perhaps a lawyer would be more clear on this?

If they have been given permanent residence they become wards of the UK Courts and whilst cognisance is given to the SA agreement, any challenge the father would wish to make would have to be done here.