Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Passport/Holidays
#1
Good morning follow dads,
I won a court order in August against my ex missus which has gained me my contact with my daughter again. My ex has had a passport issued for my daughter(without my signature or consent) and im wanting to take her on a holiday abroad but my ex will not hand over her passport for me to do so (Very bitter and immature). The only thing the court order says is that it must be in writing in order for me to have my daughter for holidays during school hols and so forth. Any advice would be appreciated as I can feel that I am going to have to go down the court proceedure again which will make her look as stupid as she did in the last case.
Reply
#2
(01-06-2017, 11:47 AM)LIPMC Wrote: Good morning follow dads,
I won a court order in August against my ex missus which has gained me my contact with my daughter again. My ex has had a passport issued for my daughter(without my signature or consent) and im wanting to take her on a holiday abroad but my ex will not hand over her passport for me to do so (Very bitter and immature). The only thing the court order says is that it must be in writing in order for me to have my daughter for holidays during school hols and so forth. Any advice would be appreciated as I can feel that I am going to have to go down the court proceedure again which will make her look as stupid as she did in the last case.

Hi Mate

As long as you have no 'orders' against you taking your Daughter away, then your ex should hand over the passport without question. I am having the same issues with my ex..wont hand them over without a solicitor involved ..costing me approx £1k extra n fees overtime I want to tale the kids away.  You can use a C100 form to get a court order to allow your wishes...

Its always the bitter ex holding us over the barrel and basically blackmailing us..
Reply
#3
(01-06-2017, 01:38 PM)walshy Wrote:
(01-06-2017, 11:47 AM)LIPMC Wrote: Good morning follow dads,
I won a court order in August against my ex missus which has gained me my contact with my daughter again. My ex has had a passport issued for my daughter(without my signature or consent) and im wanting to take her on a holiday abroad but my ex will not hand over her passport for me to do so (Very bitter and immature). The only thing the court order says is that it must be in writing in order for me to have my daughter for holidays during school hols and so forth. Any advice would be appreciated as I can feel that I am going to have to go down the court proceedure again which will make her look as stupid as she did in the last case.

Hi Mate

As long as you have no 'orders' against you taking your Daughter away, then your ex should hand over the passport without question. I am having the same issues with my ex..wont hand them over without a solicitor involved ..costing me approx £1k extra n fees overtime I want to tale the kids away.  You can use a C100 form to get a court order to allow your wishes...

Its always the bitter ex holding us over the barrel and basically blackmailing us..

"As long as you have no 'orders' against you taking your Daughter away" IS NOT CORRECT.

To remove a Child from the UK, the law says you need to have the consent from EVERYONE with PR.

If a Child Arrangements Order Exists, or a Consent Order setting out the child arrangements, and the wording makes 1 person the Resident Parent (the order will say xxx LIVES WITH xxx and spends time with xxx, then the Resident Parent unless objection is raised at the time the order is made, gets the right to remove the Child out of the UK for up to 28 days at a time, for a Holiday, but does not get the right for this to happen at time the child should be with the other parent,  unless its by agreement.

A non resident parent can ask for this right to be given to them, as part of a Child Arrangements Order.

As a non resident parent,
If a Court Order Exists, Application to vary it, to add this right on
If no Court Order Exists, Specific Issue application could be done, unless you also wanted to get the Child Arrangements on an order as well.

As part of getting arrangements in place, or doing an application to vary them, note that a Court will always consider it reasonable to have dates confirmed 2-3 months in advance, so you can get better travel prices.

They will also order passports to be handed over 21 days in advance, if they are not needed by the other parent in that time.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Holidays and Passport ADTR_2014 29 30,823 02-15-2018, 07:08 PM
Last Post: Charlie7000



Users browsing this thread: 1 Guest(s)