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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33282
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi my controlling violent ex partner (as of oct13) is refusing

Customer Question

Hi my controlling violent ex partner (as of oct13) is refusing to give me back our youngest child's passport, as stated in mediation, in Dec. I have our eldest child's as that needed renewing! I have booked a holiday for myself and children in May which my ex is aware of, how do I go about getting the passport, is a court order needed? The children live with me and have regular contact with their father, can he stop them going on a weeks holiday? He has also changed the locks on our former family home, which is in his name but all mine and children's possessions are still inside.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and were you ever married?
How much is the house worth and whose name is on the deeds?
Clare
Customer: replied 2 years ago.
Hi the children are 6 and 4 the house is worth about 170.000 with about 145000 outstanding mortgage., his name is solely on deeds and we Never married
Expert:  Clare replied 2 years ago.
Hi
Where are you and the children living now?
Is he named on their birth certificates?
Clare
Customer: replied 2 years ago.
We are renting a place and yes he is named on birth certicates so has parental responsibility, how is this answering my questions...what a rip off
Expert:  Clare replied 2 years ago.
Hi
I am sorry - it can take a while to get all the information that is need to answer a question with anything other than vague information
Would you wish to return to the property (without your ex) or are you happier to be away from him?
If so please say
With regard to the passport in fact legally you need either his permission or an Order of the Court to take either child out of the Uk (as does your ex?
You have already tried mediation and clearly it has failed - which means that your only other option is an Application to the court
You need to apply for a Residence Order (which allows you to take the children abroad for up to 28 days at a time) and for a Specific Issue Order for the return of the Passport.
Both applications can be made on the same form - a C100 available here
http://www.familylaw.co.uk/system/uploads/attachments/0006/9047/C100.pdf
and the fee is £215.
You can read more about the process here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Clare

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