How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 4 months ago.
Category: Law
Expert:  Clare replied 4 months 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 4 months 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 4 months ago.

Has she ver been difficult in the past?

Customer: replied 4 months ago.
at times extremely difficult
Expert:  Clare replied 4 months ago.

But always given way at the last minute?

Customer: replied 4 months 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 4 months 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 4 months 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 4 months 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 4 months ago.
Perfect . Thanks very much.
Regards Ola
Expert:  Clare replied 4 months ago.

You are most welcome - good luck

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions