[2025] EWHC 1254 (Fam)

I can deal with these issues shortly.

The Child is habitually resident in England and Wales. The mother exercises parental responsibility over the Child. The Respondent father does not exercise any parental responsibility in respect of the Child, as per the order of Bodey J. The Child will turn eighteen in ten months. The mother’s bundle of rights and responsibilities has diminished significantly given the Child’s maturity and age. There is nothing in the evidence to suggest the Child is anything other than Gillick competent in respect of these relevant decisions.

The Family Court may make orders restricting a parent’s parental responsibility in respect of an application in respect of a child’s passport. Obtaining a passport is dependent upon citizenship. I can see no reason why the court cannot make orders in respect of whether applications are made for citizenship in circumstances where a parent exercises parental responsibility. The grant of citizenship, however, is a matter for the immigration authorities generally, and in this case for the authorities of the country in question. The Respondent does not exercise parental responsibility in respect of the Child’s citizenship or in respect of any other issues. I am not clear what order I am being asked to make. I am clear I do not have jurisdiction to make orders against the country’s authorities to grant the Child citizenship and/or a passport.

Furthermore, the court has no properly admitted expert evidence in respect of immigration law in the country in question.

Even if I were minded to consider making a declaration the Respondent should consent to citizenship in his country of nationality, I am very far from persuaded on the Applicant’s evidence, that citizenship is in the Child’s best interests. I know very little about their wishes and feelings. I know little to nothing about the extent to which citizenship in that country may impact on their US citizenship, either from an immigration perspective or a taxation perspective. It may impact on their British citizenship, if the Applicant is correct and they are a British citizen. I also consider questions of the Child’s nationality go to the root of their identity and the Child would need to be heard on these issues. For all these reasons, I am far from being persuaded the Applicant has discharged the burden of proof that citizenship and a passport in the country in question is in the Child’s best interests, even if there are any relevant order I can make as against the Respondent.

Aside from those issues, the Child is seventeen. I do not consider it appropriate, that absent some compelling circumstances, a parent should be exercising parental responsibility in respect of nationality and citizenship for a Gillick competent young adult, who may make their own application within a matter of months. The Child may well choose to obtain appropriate legal advice on issues related to tax and citizenship and resolve what decisions they wish to make in respect of pursuing citizenship. The Child can make the appropriate application when they turn eighteen shortly. I see no role for this court to make an order at the behest of the Applicant mother in respect citizenship of another country. I dismiss the ‘passport’ aspect of the application for a specific issue order for these combined reasons.

I am provided very little evidence about the registration application. It appears to be some part custom and practice in the Middle East. It may be part of sharia law. I am not clear. I have seen a reference to this concept in Arabic in the letter obtained by the Applicant from the law firm. The Applicant has put very little evidence before the court. This court has already made a declaration of parentage under English law. It seems quite likely that by making any declarations or orders in respect of registration, I may well be trespassing on aspects of sharia law. The Applicant has fallen a very long way short of explaining her case. Similar issues arise in respect of whether any court, even if it has jurisdiction, should make any order on such profound matters of identity in respect of a seventeen year old. Noting as I do, the declaration of parentage made by Bodey J, I also dismiss this aspect of the application for a specific issue order.