Passport problems

[bella1968]

I'm going round and round in circles here and would really appreciate legal advice or support. My children both 12 live with me for 7 days and with ex for 7 days, we have a court order in place which dictates this. Unfortunately I didn't address the passport issue when we went to court which in hindsight I should have done as now my ex is refusing to give me back the passports. I paid for the renewal of my daughters last year but my son's is now out of date but I cannot apply for a new one without his old one.

Passport office says that I cannot cancel my daughters as ex has it although I'm quite happy to sign the form to say that it is lost as I have no actual evidence that he has it (how can I have proof of that?) we have emailed each other and he says I have to meet his demands of being a decent human being and apologise for all that I've done (removed him from the family home because he was verbally and emotionally abusing me and our children! and took him to court costing him thousands).

I found out that he wouldn't give them to me because I asked him if we could return on our holidays at Easter 1 day late and he could have the children 1 day early but he said no because I needed to apologise amongst a whole heap of other conditions which is never going to happen obviously! The thing is at some point I'd like us to go abroad and so I shall need the passport numbers to book the flights, he won't even give me a copy but I don't think a copy helps as if I book and then he doesn't handover the passports then I've lost a whole lot of money. I've already spent in the region of £20,000 on the court/legal costs so far so I'd rather not have to go back to court. I also don't want to put myself in the situation of tit for tat either.

I'm also worried that he will take the children away to Florida in May when the only school holiday is the half term that month and this is the week that the children are with me.

The passport office says that he would need my signed permission to order a new passport for my son. Is this true?

thanks.

[Fourormore]

Honestly, in your position I would apply for a specific issue order (or a variation), especially if you have his "demands" in an email.

He won't get anywhere trying to prevent a family holiday, you could easily self represent for that. Just ask for something like "Parents are at liberty to take the children abroad without requiring permission from the other parent, providing that the time spent apart does not cut across scheduled time with the other parent. Passports for x to be held by Mother, passport for y to be held by Father. Passports to be made available 4 weeks before travel and to be returned to the holding parent within 2 weeks of return. Full details of travel to be provided to the other parent 6 weeks in advance".

[titchy]

Agree with specific issue order, but have the passports held by a solicitor or someone else neutral, to be given to solicitor within one week of returning from holiday.

[bella1968]

thanks, that's what I had been reading, does it cost to make the application? presumably we would have to appear in court again?

[Fourormore]

Yes and yes. I believe it's £215. You might also have to do mediation first but you could be exempt. I have seen hearings be listed where none of the options on the form apply but the applicant has simply written the brief case history under the mediation section.

[bella1968]

thanks, thought so, weighing up the cost element and the stress value of going back to court it's simply not worth it. I don't ever want to see another court again.

It's best to let him take them abroad and fork out the expense and I'll take them to GB and places where they don't need passports until they are 16.

If the children want to know as I know my dd will, I will have no qualms about telling her that I'm happy to book a holiday abroad as soon as she has her passport back from her dad. I've read it is the right of a child to have their passport even at the age of 12 and if he doesn't do this then I shall tell her we'll have a super duper 1 month holiday abroad when she's 16! I can make anything look brilliant for my children whilst he'll just make everything miserable but as long as they have me they will be fine.

thanks for your comments/advice.