Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Passport problems
#1
OK... so I want to take my daughter on holiday to France this summer and need to book travel. My final court order specifies that either my ex or I can take our daughter out of the country on holiday for up to 30 days if we wish, so on the face of it there’s nothing stopping me. The order says that my ex keeps hold of the passport as she is the resident parent, and is supposed to give it to me 7 days before leaving.
 
However, my daughter’s passport has now expired, and my ex has no interest in renewing it herself as organising holidays abroad is basically beyond her wit. I’m happy to sort out the renewal, and I’ve asked my ex several times for the expired passport, but she just keeps on ignoring my requests. Before we had the court order she scuppered a planned holiday abroad by refusing to give me the passport, citing unspecified “safety concerns”, so I suspect she is again just being deliberately awkward and has no intention of giving me it until she is forced to.
 
I know that the Passport Office is fairly strict with its rules now, so while I’m tempted to just apply for a brand new one, it would quickly show up on their system that my daughter has had one before. According to their advice, they would want the old one, or if not a declaration that it had been lost. And here’s the tricky bit – if I say it’s been lost, I would then have to send “a letter from the person who signed the application form for the last passport” – which was my ex!
 
Has anyone experience with the passport office on this? Or any suggestions on how to resolve this other than taking it back to court? The court order doesn’t specify who ensures the passport is valid, so my ex wouldn’t actually be breaking it unless she didn’t give it to me 7 days before we went.
Reply
#2
If you need the old passport to get a new one, then you could get a solicitor's letter sent to her saying she must release it to you under the terms of the court order, or she is in breach (check the wording of the order to see if she actually would be in breach). Saying that even though it's out of date you need to renew it in time for a holiday. That might make her give it to you. If she ignores it then it would be a case of applying for a specific issues order. It's on the same C100 form and the fee is £215. The Judge will order her to release it. How quickly do you need it?
Reply
#3
(03-11-2018, 12:10 AM)TwoWheels Wrote: OK... so I want to take my daughter on holiday to France this summer and need to book travel. My final court order specifies that either my ex or I can take our daughter out of the country on holiday for up to 30 days if we wish, so on the face of it there’s nothing stopping me. The order says that my ex keeps hold of the passport as she is the resident parent, and is supposed to give it to me 7 days before leaving.
 
However, my daughter’s passport has now expired, and my ex has no interest in renewing it herself as organising holidays abroad is basically beyond her wit. I’m happy to sort out the renewal, and I’ve asked my ex several times for the expired passport, but she just keeps on ignoring my requests. Before we had the court order she scuppered a planned holiday abroad by refusing to give me the passport, citing unspecified “safety concerns”, so I suspect she is again just being deliberately awkward and has no intention of giving me it until she is forced to.
 
I know that the Passport Office is fairly strict with its rules now, so while I’m tempted to just apply for a brand new one, it would quickly show up on their system that my daughter has had one before. According to their advice, they would want the old one, or if not a declaration that it had been lost. And here’s the tricky bit – if I say it’s been lost, I would then have to send “a letter from the person who signed the application form for the last passport” – which was my ex!
 
Has anyone experience with the passport office on this? Or any suggestions on how to resolve this other than taking it back to court? The court order doesn’t specify who ensures the passport is valid, so my ex wouldn’t actually be breaking it unless she didn’t give it to me 7 days before we went.

You need to apply to vary the Order.

State in your applicaiton, you neeed the passport 21 days in advance, as you belive she might damage it, due to past obstruction.

Also get an order for Imidiate handover of the expired Passport, and for the Order to say she must co operate with obtaining a new one, by providing details relating to her on the applicaiton forms.
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




Users browsing this thread: 1 Guest(s)