Issues with STBXH

[Rainbowdropz]

Good Evening all,

I am currently at the decree nisi stage with my stbxh. He was here on a spousal visa, but due to the divorce he is now applying for his leave to remain. He is applying based on our child who is 6 and is a British citizen.

I currently have my child's passport as my stbxh threatened to abscond the country if he was told to leave the country by the home office. My stbxh has informed me that he has an appointment with the home office for his leave to remain application and needs my son's passport. I have been granted a prohibited steps order to to his threat and I currently have my son's passport. I have offered to attend the appointment and provide the document to ensure it stays in my care, he has refused. Does he have a right to have the passport? I will be seeking legal advice, but I wanted to know if anyone knew where I stand.

I'm grateful for your help.

I strongly advise you to look at the tiles which are available on the government web site. I don’t see that he needs your child’s passport but that was a very quick skim read. I wouldn’t let him have it but would copy it if necessary but all sorts of other evidence is permitted. If he has a role in the upbringing of DC, the other evidence is easy to get.

I’d give him a notarised copy. Not the original passport.

Although, I would have thought a birth certificate would have been more relevant but perhaps they need that as well?

Thank you for your help, I still need to contact the home office :(

Tiles? So sorry. Rules. It’s quite clear what he needs. I don’t think it’s the passport. He needs to prove parental duties and a parental role. Copy of a passport only proves the dc has one, not the role of the parent in question in the life of the child.