CSA advice forum » NRP Discussion

Removal of Driving License and Passport

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  • Started 10 months ago by AbsentDad

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  1. AbsentDad
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    Many Non-Resident Parents are often receive threats from the CSA that they will withdraw thier driving license and/or passport should you fail to pay child support.

    For many people this means loss of the bility to commute to work, do the shopping, take the kids to school and visit the children that do not live with you. Not to mention visiting overseas relatives, travelling overseas for work etc.

    However, the CSA have not taken into account of the right to freedom of movement within the EU enshrined in the treaties and constitution of the member states.

    "The free movement of persons is a fundamental right guaranteed to European Union (EU) citizens by the Treaties. It is realised through the area of freedom, security and justice without internal borders. Lifting internal borders requires strengthened management of the Union’s external borders as well as regulated entry and residence of non-EU nationals, including through a common asylum and immigration policy.
    The concept of free movement of persons came about with the signing of the Schengen Agreement in 1985 and the subsequent Schengen Convention in 1990, which initiated the abolition of border controls between participating countries. Being part of the EU legal and institutional framework, Schengen cooperation has gradually been extended to include most EU Member States as well as some non-EU countries."

    Source http://www.europa.eu

    So what does this have to do with my driving license and passport. Well the removal of either can breach this fundamental human right. Within the EU you can travel on one of 3 documents; passport, ID card or driving license. In the UK we do not have ID cards so we are left with the other 2.

    Removal of either of these (other than for road traffic offences in the case of a driving license) constitutes a breach of your rights under the above treaties and the EU constitution itself.

    Posted 10 months ago #

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