childrens passports

[notsohotchic]

Quick question:
My children's passports are still with ex's mum from hols last year. Also she has my eldest's birth certificate from having to certify her age. (So I have no b.c. for eldest in my possession now). We had a massive fallout after she sent me and my mother abusive letters and started to say things to the children when they visited (eg. Mummy is stupid). So I have stopped contact between her and the children and asked her to go to mediation with me, which she's refused. How can I get the passports and b.c. back? Is it my right to demand them? My ex might be obstructive to me having them as he's just plain awkward about everything.

If they belong to you, she has to return them.

Your difficulty will be in proving who they belong to, as your ex will probably say they belong to him.

You could pay for a copy of the birth certificate, saying it is lost and apply for a new passport in the same way.

You could ask for them back, then if she refuses report them stolen and apply for new ones (this would have to include reporting the passport as stolen to the police, as you need the crime reference number when you contact the IPS). Or call the IPS advice line on 0300 222 0000 and see whether there's another option open to you.

The birth certificate you can get a replacement for £9.25 anyway.

It is easy to get a new copy of the birth cert. If you live near the register office where the original birth was registered, then just pop in and request a copy, No problem.

Would Exs Dad be willing to hand them over to you? Phone EXs Dad when you know that mum will be out of house, and ask dad to post them to you.

Womens Aid may help you. Womens Aid could pop round to exs mums house and request return of the passports.

Thanks people. No way would her husband hand them over without her knowledge/ permission! Thanks for the advice line number I will try that, if it comes to it! I am planning to ask for them politely but firmly first, just needed to get an idea of legalities. It was my ex who paid for these passports BTW. So I guess he could say they're his property then?

LC - Had no idea womens aid could or would do that!

The passports certainly aren't his property. IIRC they are government property.

Who signed the passport applications as your DCs' parent -- you or your ex? IIRC if they were reported lost or stolen it normally needs to be that parent who does it / applies for a replacement (they compare the signatures).

But I agree that I think the passports themselves are government property.

Ok thanks for your help. I am thinking of going away at Christmas and want passports by then. But I think my ex lost our old ones and had to get replacements the last time he took them away. (Rather suspicious? But the old ones would have been cancelled wouldn't they?) I'm afraid I have a very strained relationship with him. I do not trust him.

I would just say that as they are your childrens passports, they must stay in the children's possesion (or at their main place of residence) - I am sure I remember reading something about this anyway.....