Joanna Toch successfully represented a mother who was seeking a specific issue order against the father, from whom she was divorced. Together they have four children, two of which are over 18 and hold dual nationality (English and German), the two children that are under 18 were unable to attain their German passports due to their estranged father refusing to provide a copy of his passport or sign the application form.

With Brexit negotiations currently pending, the option for dual nationality may be a time limited option and the mother wished to secure this for her children before the negotiations concluded.  

The mother, who had custody of the children is a German national who is not a British Resident. Due to the uncertain future of European Citizens in the UK the mother was concerned that failure to obtain the passports could have meant that she may have to leave the country without her two youngest sons and that they would not be able to continue higher education outside of the UK.

Joanna drafted an order which laid out the specific steps required by the father to ensure that the German passport could be obtained. After negotiating with the father, a litigant in person, to explain the importance and reasoning of the passports, Joanna managed to bring the estranged parties together and resolve the outstanding issues.

The order was made by consent of all parties and approved by the court as being in the best interests of the children. This prevented either party from the distress and cost of a final hearing.