R (GA) v Secretary of State for the Home Department

Subject Matter

NATIOANLITY — British citizen — Passport

[2021] EWHC 868 (Admin); [2021] ACD 68, QBD

CHILDREN — Parental responsbility — Passport — Mother applying for British passports for children resident in foreign country — Passport Office refusing application on basis father having sole parental responsibility for children under law of foreign country — Whether Passport Office required to consider whether application of foreign law to question of parental responsibility manifestly contrary to public policy having regard to best interests of children — Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Cm 7727), arts 16, 22

[2021] EWCA Civ 1131; [2021] 1 WLR 5966; [2021] WLR(D) 416; The Times, 13 October 2021, CA

Appellate History

Commentary

Free Movement
Passports can be issued to British children abroad without abusive father’s consent Case comment