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My ex-wife is withholding my child’s passport and says that she won’t release it unless I pay half of the renewal fee. The passport was renewed last year, and I had picked up full costs for the previous renewal.
She has recently been requesting money from me for various things and had applied for Child Maintenance but was unsuccessful as have joint day to day care of the child.
What process do I need to go through to get the passport to allow me to take my child on holiday?
Does this need to go through mediation MIAM ahead of a specific issue order?
What happens if my ex-wife does not engage with MIAM?
If it goes through to court do I have to pay all the fees or can these / half of these be claimed back?
hi,
if she not going to give passport, then unfortunately looks like you will need to attend mediation,go through court: C100 form: specific issues order.
only way to skip mediation in this situation is if you holiday booked, its close and its very urgent. so skip mediation, citing urgency.
Thanks Bill.
In terms of the C100 Section 3C I am not clear which of the options need to be selected
The applicant confirms that the application must be made urgently because:
- there is risk to the life, liberty or physical safety of the prospective applicant
or his or her family or his or her home; or
any delay caused by attending a MIAM would cause—
- a risk of harm to a child; or
- a risk of unlawful removal of a child from the United Kingdom, or a risk of unlawful retention of a child who is currently outside England and Wales; or
- a significant risk of a miscarriage of justice; or
- significant financial hardship to the prospective applicant; or irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or
- there is a significant risk that in the period necessary to schedule and attend a MIAM, proceedings relating to the dispute will be brought in another state in which a valid claim to jurisdiction may exist, such that a court in that other State would be seized of the dispute before a court in England and Wales.
you can select the financial hardship, e.g. if you booked a holiday and your likely to lose the money if trip does not go ahead.
in other section of c100 it asks are you seeking an urgent with notice/without notice hearing, and why. if you check there, there is mention of urgency.