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TOPIC: Passport query

Passport query 2 years 10 months ago #90325

  • Farrell
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Hi,

My partner has been to court for a child arrangement order. It was awarded about a year ago and so far my partner hasn’t needed access to the passports as we haven’t taken them away.

It was discussed in court that Mum would hold onto passports and she had to produce them to him as and when he requested them. He was told he must tell her where he was taking the children etc. However none of this is actually written into the court order.

The time has come and he has requested the passports as we have booked a holiday. She is now refusing. He has parental responsibility. Where does he stand legal about having access to the passports in order for us to go on the little break that we have booked?

Thanks in advance. I thought all this was behind us but it seems his ex is still so very angry and bitter :-(

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Passport query 2 years 10 months ago #90336

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you may need to apply to the curt for a specific instruction order. I don't know if the court is able to order costs against her, but I would certainly tell her that you will be claiming costs against her when the court orders that she hands over the passport, that might prompt her to see sense.

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Passport query 2 years 10 months ago #90344

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Thank you, unfortunately there are not many opportunities that he has the children in a decent chunk of time, within their school holidays so it’s actually only a month away now as we booked it last minute. I do not think we would get it back to court in time. We didn’t think she would continue being so difficult but evidentially we were wrong.

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Passport query 2 years 10 months ago #90354

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There's time for your partner to make an emergency Specific Issue Application. It's a little difficult, due to the fact it isn't in the order, but the court will have the previous cas notes hopefully.

If he takes the C100 form to the court in person, he can explain the urgency of getting it in front of a judge, as the holiday is already booked, paid for and time is running out, I would also ask for costs for returning it to court , but don't expect that they will be granted. Had it been written in the order, you would be applying for an urgent enforcement and costs would have been easier to achieve... still as said, there is still time to get to court, to be honest there isn't another option that can make her hand them over.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Passport query 2 years 10 months ago #90379

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Thank you Mojo, yes although it was discussed in court at the initial hearing because he was looking to take them abroad then, it was recommended that she send him a photocopy as soon as they were out of court and then atleast 2 weeks before a holiday he could have them however that never got added in at the last hearing as by then there were other more important things he wanted to insure were added and it got forgotten about. Unfortunately he has been left with constant hurdles because the original court order was so vague and not very detailed. Christmas Day is another issue we still have each year.

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Passport query 2 years 10 months ago #90380

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I agree with what Mojo has said. Get an urgent Specific Issue Order application in asap and the court should order her to hand the passports over.

You can just go to the court with the forms and wait to be seen & allocated a hearing.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Passport query 2 years 10 months ago #90578

We are currently in exactly the same situation with my partner’s ex and I was wondering if anything had been resolved? We fly in 20 days and she is refusing to release their son’s passport over.

My partner was forced to apply for a CAO as her ex was refusing access to their son as and when she pleased. Although the issue of passports was raised, it was agreed that the ex would release it 14 days before. But this was not included in the final orders, but was in the recitals, which means it isn’t enforceable! Which seems absolutely ridiculous! There are so many gaps and loop holes that it isn’t worth the money spent to get one!!

It begs the question as to why our solicitor and CAFCASS allowed this. There should be more detailed and structured discussions with all parties to prevent further animosity, and therefore, specific issue orders being needed!

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Passport query 2 years 10 months ago #90585

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Is she refusing point blank, or stating that she will release 14 days before you're due to travel?

I would write to her formally and remind her what the recital states and ask her to respond by return with details of when she intends to handover the passport. Tell her that if that is not forthcoming you will be making an urgent application to court.

She may not know he difference between a recital and the actual ordered conditions.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Passport query 2 years 10 months ago #90586

She is refusing unless my partner agrees to whatever excuse she can think of and this isn’t the first time!
Her first refusal was unless my partner provided holiday details. But this was 8 months ago and the recitals state that they are to be provided four weeks before departure. But my partner did. Then, four weeks ago, she decided that she wanted the full itinerary print out that was provided by the holiday company. Reluctantly my partner did because we have nothing to hide (I blacked out booking references etc). Now, she has made a proposal regarding their son’s time with each of them, which is heavily weighted in her favour (despite the final orders stating that he spend equal time with both parents during school holiday) and won’t release his passport until my partner agrees! She has also hand delivered the proposal and specified that my partner reply through our solicitor! Bloody cheek of her! It is blackmail pure and simple. My partner doesn’t need her permission to take their son on holiday as
the order states that their son lives with both of them. During the four years since their split, her ex has had five holidays abroad (that she has informed us of) and only ever provided hand written details of flights and accommodation. Double standards and control issues!!!!!
She has now been informed her that our solicitor will be receiving an instruction to pursue an emergency specific issue order.

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Passport query 2 years 10 months ago #90588

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It might be worth adding an application for a variation to tighten up the existing order and add more definition concerning the holiday sharing. You can do it on the same form.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Passport query 2 years 10 months ago #90589

I haven’t heard of a ‘variation’ and it makes me wonder why our solicitor hasn’t mentioned it? Thank you

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Passport query 2 years 10 months ago #90657

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Hi Donnbot your partners ex sounds like mine... they are all the same unfortunately.
My partner has just applied for new passports as he has PR and that way we can go on the holiday and will of course inform her of the details etc but gives him more time to take it all back to court. As he also wants a variation to tighten up a few other details that were left out of his court order or were simply not written very well and have been adapted in a way that Mum has decided is best e.g her getting every Xmas day! It’s such a stress I’m not sure why she can’t just give it a rest so we can all move on. I hope you get to go on your hols

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