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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My ex-husband is refusing to give my daughter's passport back.

Customer Question

My ex-husband is refusing to give my daughter's passport back. We are due to go on holiday out of the UK on 19/12/2015. I understand I can get the family courts to recover it. What forms do I need to fill in, and what are the timeframes?
Thank you
Jayne
Submitted: 2 years ago.
Category: Immigration 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 is your daughter and has your ex done this before?
Clare
Customer: replied 2 years ago.
HiShe is 6. No he has not.
Expert:  Clare replied 2 years ago.
Has he given permission for this trip - or do you have a Residence Order?
Customer: replied 2 years ago.
He has given verbal permission. There is no residence order, just a financial consent and a ?non-legally binding agreement about childcare. She lives with me. He has her alternate weekends. By the informal agreement, he should also have her 1 weekday night per week, but doesn't currently do that. He signed the passport application. I gave my written consent for the passport agency.
Expert:  Clare replied 2 years ago.
How did the passport come to be in his possession?
Customer: replied 2 years ago.
He applied for it because he wanted to take her on holiday last year and her old one had expired. I have never had the latest one in my possession.
Expert:  Clare replied 2 years ago.
The form that you will need is a C100 - the fee is £215http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfYou are asking for a Specific Issue Order for the Release of the Passport to you.It is mandatory to try Family mediation firstwww.familymediationhelpline.co.ukYou are short on time so you could ask for this to be dispensed with - but your position will be stronger of you have tried mediation first so do phone a local mediator firstPlease ask if you need further details