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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34483
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can One parent withhold a childs passport from another without

Customer Question

Can One parent withhold a childs passport from another without good reason? There is a difficult divorce in process, even though both still live in the same house, and this is an act of defiance not a genuine concern about abduction or anything like that.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

No, this should not happen but unfortunately it does and is quite common.

The aggrieved parent may apply to the court for a Specific Issues Order asking the parent unreasonably withholding the passport to release it to the other parent.

The parent applying for the order needs to have parental responsibility, the mother has this automatically.

See here for the procedure for applying for the order which costs £215

https://www.gov.uk/looking-after-children-divorce/types-of-court-order

Hope this helps

Expert:  Clare replied 3 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 the child and why do you need the passport?
I ask because in fact neither of you can take the child out of the country without the agreement of the other parent
You both have parental Responsibility since you are married to each over and you would have to try and negotiate the matter with your ex using Family mediation (www.familymediationhelpline.co.uk)
This would need to include seeking permission for the trip itself as well as handing over the passport.
If there is no agreement then you will need a Child Arrangement Order regarding the trip as well as a specific Issue order regarding the passport
Please ask if you need further details
Clare