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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am due to go on holiday with my 10 year old daughter her

Customer Question

I am due to go on holiday with my 10 year old daughter her mother and I are not together. She lives with her mother and there is a contact order in place that works reasonably well.
We are due to fly out on 23/7 just over a week to go. Her mother is not willing to surrender her passport or even confirm if she has renewed it or not. I have confirmed from my daughter maternal grandmother that my daughters passport has infanct been renewed by my ex. I rang the passport office and they confirmed that my daughter has a valid passport but couldn't tell me anything else due to data protection.
I am assuming therefore that the withholding is malicious. There have been substance less heated exchanges over the last two days. With no specific issue to pinpoint as to why she has taken this stance. My daughter and I have been on holidays abroad every year since she was born.
What are my option to be get her to surrender the passport so we can go on holiday?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall dd my bets to help you but I need some further information first

Does your ex have all the details of the holiday?

Have you taken the child abroad before?

Has she said why she is refusing to release the passport to you?

Customer: replied 1 year ago.
Hello Clare,Yes she has all the details of the holiday. I have taken my daughter abroad atleast once a year since she was born. She has not said why she is refusing to release the passport.RegardsOla
Expert:  Clare replied 1 year ago.

Has she ver been difficult in the past?

Customer: replied 1 year ago.
at times extremely difficult
Expert:  Clare replied 1 year ago.

But always given way at the last minute?

Customer: replied 1 year ago.
No , in the past I have paid for holiday and not been able to go because either the child or passport had not been released
Expert:  Clare replied 1 year ago.

Right

In that case you need to apply to the court tomorrow for a Child Arrangement Order regarding the time that the child will spend with you on holiday - and a Specific Issue Order for the production of the passport.

The court will not grant an order in her absence - but you can ask for the time for service to be "abridged" (shortened) so that if you apply tomorrow and serve the papers on her in evening there can be a hearing on Monday or Tuesday

The form you need is here

http://www.fosterslegal.co.uk/documents/New%20From%20C100-eng.pdf

You do not need mediation because it is urgent

You will need to take three copies of the completed form plus £215 to your local family court at 10am and ask for it to be issued immediately

I hope that this is of assistance = please ask if you need further details

Customer: replied 1 year ago.
I already have a contact order in place that covers a two week stay in the summer does that change this advice in anyway?If I can't hand her the papers Can I serve them by putting them through her letter box ?
Expert:  Clare replied 1 year ago.

It means that you only need the Specific Issue Order - and there is a chance you MIGHT get that without her being notified first - worth a try.

You need to be CERTAIN that she has seen them - arrange for a process server - £90 worth spending

Customer: replied 1 year ago.
Perfect . Thanks very much.
Regards Ola
Expert:  Clare replied 1 year ago.

You are most welcome - good luck