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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am seeking an order to my sons passport and am

Customer Question

I am seeking an order for access to my sons passport and am looking at the best way to address the logistics around this. Can i for example get the passport securely held by a solicitor for example and when each of us needs access we then acquire it from
a solictor? any other ideas would be useful
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family solicitor.
What is the need for the passport. It is usual for the parent where the child resides to hold the passport unless it is required by the other parent for a specific reason.
If you require the passport for a reasonable reason I would suggest that you formally request it from the other parent in writing and explain the reasons. If the request is unreasonably withheld then you can apply to court for a specific issue order to deal with this. Unfortunately Solicitors usually only hold passports when directed by a court in issues of potential abduction or disputes, and even then it would not be indefinitely.
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Customer: replied 1 year ago.
i already had a specific steps order .. ive exhausted what you refer to as requesting in wrinting! with all due respect i would have thought that you have come across this before!!! thats why i asked the question, im dealing with a totally uncooperative person here! its not reasonable to keep doing this 3 times a year! she can do what she likes and take him abroad whenever for 4 weeks a time... need practical solutions to this issue where there is an intransigent person involved
Expert:  Harris replied 1 year ago.
I think if this is happening on a regular basis throughout the year then you would need a child arrangement order in place to allow for you to also take him abroad, and for there to be a clause on the order requiring the mother to provide the passport upon reasonable notice.
In relation to her taking your son on holiday - does she have a residence order in place? If not, then she would need your consent to take him abroad, even if less than 4 weeks.
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Customer: replied 1 year ago.
Yes she has residence and I'm aware of the 4 week rule. The problem is she just buzzes off with no notice which clearly disrupts my schedule wand contact with my son and. It would be helpful if I was informed of impending long 4 week stays abroad
Expert:  Harris replied 1 year ago.
I would suggest that you consider applying to vary the terms of the order so that it includes provision for her to provide reasonable notice and details about her holiday and trip plans of this is going to impact your contact.
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Expert:  Harris replied 1 year ago.
Hi, please let me know if you have any further questions regarding this. Please rate positive if you found the previous information helpful.

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