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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Passports

19 replies

feelinghthelove · 02/07/2015 20:05

When I left my ExH he refused to hand over the kids passports, they weren't even a yr old. Two years later after an email from his solicitor declaring them lost I've finally managed to buy new ones.
Now he's decided he wants to take them on holiday, great, no problem.
My issue is, if he refuses to give the passports back what do I do? I can't afford new ones again and I don't want to run the risk of missing out on the holiday we have booked. If he goes before me is there an urgent court process I can follow in case it's near to our holiday date?
What is the court process?
Thanks

OP posts:

Report

LurkingHusband · 03/07/2015 09:04

The passports don't belong to you in the first place - they belong to the Crown.

titchy · 03/07/2015 09:15

That's not particularly helpful LH....

Can you pick them up from him at the airport? Or get his agreement that they'll be kept at a solicitors? Whilst a specific issue order could be sought for permission to take the children abroad if he says he's lost the passports again that's not going to help you.

I know journalists often have two passports, are children allowed to? Or do they have any entitlement to a passport from another country? Irish grandparent maybe?

feelinghthelove · 03/07/2015 10:17

Thanks
I asked about two and they said no.
I guess I could meet him at the airport but I don't eat a commotion at the airport in front of the kids.
I couldn't rely on his word, he defo still has the old ones, daughter says she's seen them.
So it's a specific order I need?
Thanks

OP posts:

lostdad · 03/07/2015 11:30

If he has the passports and won't hand them back your route would be to attempt mediation and failing that an application for a specific issues order.

Which is the same thing he would have to do if you refused to hand them over.

Titchy's advice is also worth looking at and I have known some parents to do this.

If you can get any agreement with your ex consider getting a solicitor you both trust to hold the passports and only release them when you both agree to hand them over in writing.

feelinghthelove · 03/07/2015 12:26

Thanks lostdad, is it just form C1 for a specific issue? Not another £215 surely?
He is absolutely non negotiable. Anythin to stop me living my life. If he keeps the passports we can't go away. Simple as that.

OP posts:

ThinkIveBeenHacked · 03/07/2015 12:30

If he is this controlling, why would you let him remove your children from the country?

feelinghthelove · 03/07/2015 13:47

Cause he's controlling over me and not the children. It wouldn't be fair for me to deny them of a holiday. There's a contact order in place already.

OP posts:

titchy · 03/07/2015 16:51

But if he refuses to hand the passports to you they'll miss out on a holiday which IS controlling

EldonAve · 03/07/2015 16:54

If he wants to use the passports he needs to pay you for them
You can give him the money back with he returns the passports to you

feelinghthelove · 03/07/2015 16:57

Eldonave - that won't go down well at all.
I think my best bet is just hand them over and have an emergency specific issue order at the ready. More quids down that I haven't got.

OP posts:

fredandme123 · 03/07/2015 17:08

Tell him you have lost the new passports ...

lljkk · 03/07/2015 17:32

What EldonAve said, you want a deposit for the passports.
I think I'd definitely book in-UK hols in future to avoid this possible problem.

mynewpassion · 03/07/2015 18:25

Maybe you have nothing to worry about. Two years ago, all of you were at a different place. Forcing you to get new passports was petty but now with contact order in place, he might not want to tread over it again. Doesn't mean he won't be controlling or petty in other ways.

feelinghthelove · 04/07/2015 12:33

Mynewpassion - our position is worse than it was two years ago, sadly you can't reason with stupid.

OP posts:

TheGirlFromIpanema · 04/07/2015 12:52

Tbh I'd see a solicitor and ask advice. He sounds like a shithead of the highest order (saying he's lost passports so you have to buy new when the dc know he has them? wtf!) and like you say you can't reason with the unreasonable.

tomathoohoo · 02/10/2015 13:02

I have the same issue right now. I bought passports, let him use them, now he refuses to hand them back. Says I need to tell him where I'm going and when I need them and I can have them back. Control freak? Just a little bit. I swiftly cancelled the ones he is holding and ordered some more. If he wants to take children away ever again, he will need to pay the £100 I paid to replace them and a further £100 as deposit. Silly silly boy

MovingOnUpMovingOnOut · 02/10/2015 13:07

If he lost them why didn't he pay for the replacements? He should have given you at least half.

I'd talk to your solicitor too.

Bellemere · 02/10/2015 17:20

Tomathoohoo, if your ex has PR then it's perfectly reasonable for him to have that information. You need his permission to leave the country unless a court has ordered that the children live with you.

tomathoohoo · 02/10/2015 18:03

Yes, I know Bellemere.This however is information that has not been needed before, likewise i didn't request 'when, where and why' he needed to use them, the fact that he said he wanted to take them on holiday was enough for me. He has no reason to keep them in his possession and they are not normally kept with him. The week before I asked him to please not send the children out (8 & 10) on to the main road to play outside his flat while he 'entertains' his new girlfriend, so I don't think he took to kindly to me asking this and this was his response. I don't think it is at all unreasonable of me to ask him to place a deposit down, especially given this is the second time he has done this (the first time resolved via solicitor and at which time it was agreed I'd keep them with me, with the children's other papers, birth certs, medical records etc). He certainly won't be getting them again unless he does put a deposit down.

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