Can a Parent legally withold a childs passport?

[pinkbraces]

My DSD moved in with my DH and I about 2 months ago, she is 15 and made the decision herself as she has suffered dreadful mental abuse for a number of years.

Her mother is refusing to give her passport to us and she is due to go away with a youth group to Holland at the beginning of August.

Can she do this?

thanks

[prh47bridge]

The mother still has parental responsibility. That means you need her consent before taking or sending your step daughter out of the UK. If she refuses to consent your husband can apply to the courts for a Specific Issue Order to resolve the matter, raising the mother's refusal to hand over the passport. The order would almost certainly be granted.

[carelessdad]

Having been in this situation recently, I was told by the UK Passport Office that if one parent was refusing to hand over the passport, on an application stating the circumstances they would issue a new passport as the old one was unavailable. There's probably a number of factors differentaiting this from the advice given by the other posters, but thought that I'd throw this in as it may be a quicker way out. Suspect that it differs if an order is in place or not.

[Collaborate]

Though if you're holding on to the passport for a reason (eg other parent threatening to remove the child without consent) I know from the experience of a client of mine that they'll put a block on the issuing of a new passport - in this instance because someone with parental responsibility had possession of it so it wasn't lost.

[readywithwellies]

Only the parent who originally applies can get a replacement (ex applied for my ds and I looked into it) which means she can say it is lost at the last minute and it's tough.
My solicitor suggested writing to ex asking politely for the passport to be given by a certain date. Try this first before getting solicitor involved.

[pinkbraces]

thanks everyone.
My DH is going to try and ask again and if that doesnt work we will go for the court order.
This is all so stupid, she knows about the holiday as she originally arranged it.