Thomas, 12, lives with foster carers. He is on a Compulsory Supervision Order and was not having any contact with his mum on his request. Thomas did not see his dad or have anything to do with him. His dad did not have any Parental Rights and Responsibilities.

Thomas’s foster carers were arranging to go on holiday abroad and he wanted to go with them. Thomas had never had a passport before. Social work had spoken to Thomas’s mum on behalf about her signing the relevant forms for him to obtain a Passport. However, Thomas’s mum told social work she would not sign the forms or give the permission for him to go on holiday.

Thomas telephoned Clan Childlaw and asked if there was anything they could do to help. A solicitor arranged to go out and see Thomas at his foster carer’s home. The solicitor met with Thomas and obtained his instructions. The options open to Thomas were explained.

Thomas provided instructions and consent for Clan Childlaw to speak to social work and find out what had been done to obtain mum’s consent. It was then agreed the solicitor would write to Thomas’s mum and inform her that Thomas had sought legal advice and instructed a solicitor in relation to obtaining a Passport and consent to go on holiday. It was explained to Thomas’s mum in the letter that if she chose not to provide her consent then Thomas would be left with no option but to raise a court action for a Specific Issue Order for a Passport and Permission to go on holiday.

Fortunately, the letter from Clan Childlaw showed Thomas’s mum that he was very serious about this matter and she agreed to provide her consent for a passport and for him to go on holiday without having to go to court.

If you have a similar problem, contact us at Clan Childlaw to speak to a solicitor for more information.