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Hi everyone.
I have been reading a lot these last several weeks. I had my section 7 interview today, I would like to think it went really well but from experience the report might not be so.
However I have a question if anyone can please help.
Does the UK courts have any power to order me to handover my child's passport (Non-UK). I have told them I am happy to give these over if needed. I dont want them to have any reason why contact cant happen but am I legally bound to do so?
I would prefer to understand were I stand legally right now Im doing this on good will.
Thanks in advance
Hi everyone.
I have been reading a lot these last several weeks. I had my section 7 interview today, I would like to think it went really well but from experience the report might not be so.
However I have a question if anyone can please help.
Does the UK courts have any power to order me to handover my child's passport (Non-UK). I have told them I am happy to give these over if needed. I dont want them to have any reason why contact cant happen but am I legally bound to do so?
I would prefer to understand were I stand legally right now Im doing this on good will.
Thanks in advance
I'm finding the logic behind the question quite difficult to follow e.g the repeated assertions that you will comply with a court order but you "just want to know".
Well anyway, to give you an answer (and hopefully save you many more hours of searching). Disclaimer: this is NOT legal advice and I advise you to seek professional legal advice.
Yes - a UK court can order the surrender of a forgein passport, for a child and even for an adult (it all depends on the specific circumstances).
You may find section 37 of the Family Law Act 1986 useful, however this only applies to UK issued passports.
The High Court has the power under its inherent jurisdiction to order the surrender of any/all travel documents including foreign passports where it is acting to safeguard the child/adult involved.
A passport order may be issued, non-compliance could result in being arrested, it may contain a clause such as:-
The respondent and any other person served with this order must each hand over to the Tipstaff (for safe-keeping until the court makes a further order) as many of the following documents as are in his or her possession or control:-
(a) every passport relating to the children, including an adult's passport by which the children are also permitted to travel, and every identity card, ticket, travel warrant or other document which would enable the children to leave England and Wales
I was under the impression this was an active forum. I would appreciate any insight or to be pointed in the right direction. 🙂
@daddy100 I'm very new here, just joined. I've been through child proceedings (3 hearings). I can't see any reason why you cannot keep hold of your child's (dual) passport, especially if there are two, unless there is a prohibitive steps order in place. Seems reasonable to hand over upon request but even then if the mother has another for your child then surely it isn't really needed.
Hi there
Yes a court can order you to hand over the passport. Should you fail to do so you would be in breach of the court order.
Its common for the CAO to contain terms such as child's passport must be handed over 1 month prior to any holidays upon request. It is important to ensure that a term like this is included in the CAO if you wish to take the child abroad as otherwise if the passport is not handed over then an urgent specific issues application will need to be made to the court in order to arrange handover of the passport.
If it is the non resident parent who withholds the passport then there is a risk that the resident parent stops future contact on safeguarding grounds claiming that preventing the child from going abroad has harmed the child which could cause no end of issues and result in going back to court etc..
Hope this helps, all the best.
Thank you for your reply.
I am some what confused now.
I offered to handover passport to mother solicitors and not the courts this was with cafcass, I was under the impression they had no jurisdiction over foreign passports. From your reply that seems to be incorrect. Could you please point out the the section of law that states this, just for my reference.
I have no issues given it over keeping in mind I am the one who has suggested this but through a court order raises concerns for me, exp given how difficult it was to get my child his dual nationality in the first place. I think I just need assurance. This self litigating stuff is difficult but we try our best.
Will I have to inform the said country embassy that I have given their passport to a UK court?
If it is ordered I give the passport to the courts, how would I get it back?
If I refuse to give the passport what are the possible implications?
I have no interest of removing our child from the UK I have made this clear to them all on record and I am the non resident parent with no contact at the moment. I am trying to seek contact.
What gets me is why with a UK court ask to for nonUK passport when I could apply for a replacement. Doesnt that defeat the purpose. Or is this a way for me to show my intent and prove I am child focussed.
I will be interest in views and insight you have. Again thanks in advance
hi,
when I was going through courts, same thing happened with me. as court order was going to state that the kids live with mother, it got ordered for me to hand over the kids passports (UK) to their mother. I imagine this was suggested by the mothers lawyer. can only assume it's to remove the risk of non-resident parent running off to another country with the child, or just to be in control. somewhere at the back of the court order, it mentions some warning or guidance about parents not to register child by another name or apply for a passport. If I want to take kids abroad on holiday, then mother is expected to hand passports to me, and I hand them back after returning from holiday.
@bill337 Thank you.
I have been reading nonstop trying to find advice from someone in my situation.
If mine was in relation to a UK passport I can understand a court ordering the non-resident to hand them over etc This passport was issued prior to our separation and I have had contact with our child since on several occasion before all contact stopped. Sure if I was a flight risk or she has concerns of me removing him then that opportunity had presented itself on many occasions, yet that didn't occur.
She hold his UK passport which I have no issues with and I hold foreign passport for him. I think the key question im pulling my hair our trying to answer lol Does the courts have jurisdiction to order me to hand over a foreign passport to them? Surely thats illegal.
@daddy100 hi, due to the complexities of your questions (dual nationality, foreign passport, jurisdiction etc) I would suggest you seek specialist legal advice.
Its also not clear why you are seeking this guidance/clarity, legal clarification, as you have voluntarily offered to hand it over. For clarity, the courts would not order you to hand over the passport to the court but to the other parent. The court may well order that you can hold and keep the passport but upon request with notice must hand it over it.
However, as I say, specific legal advice in relation to this is what you need.
All the best.
@daddy100 Hi, most times they have a legal advisor sitting beside the judge. So you can ask them about this passport issue at your hearing. as daddyup mentioned, you could seek legal advice. generally those of us who self-represent are at a disadvantage, due to not knowing our rights, the law and the process in those courts.
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