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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced since 2013 and both children reside

Customer Question

Hi
I have been divorced since 2013 and both children reside with me, see there father once a week.
He took them on holiday last year and refuses to give me there passports- and keeps making excuses, i have booked a holiday for me and my children for this year as he pronised to return the passports however again refuses! What rights do i have- should i report them stolen? should i go to a family law solicitor to write to him? he is also saying i need his consent to take them on holiday??
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. Please confirm how old the children are and if there are any court orders in relation to the children - if so what orders are in place?

Expert:  Clare replied 5 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

Regardless of the age of the children the position is that you do indeed need his permission or an order from the court to take the children out of the Uk even on holiday (just as he needs yours).

Equally you are entitled to have the passports to allow you to take them abroad - and since they spend more time with you than their father it is reasonable that in general you should hold them.

You cannot report them as stolen since you know where they are!.

Your starting point is to write a polite letter informing him that you wish to take the chidlren on holiday - giving the basic details and asking him to confirm his permission and provide the passports within 14 days. Say that i view of his past behaviour a promise to provide the passports just before the holiday will not be good enough

If he refuses or does not reply the you need to attend a Mediation Information and Assessment Meeting with a local Family Mediator.

www.familymediationcouncil.org,uk

Of mediation is not successful then you can apply to the court for a Specific issue Order confirming the holiday - and forcing your ex to hand over the passports

This is done using a Form C100 and paying the fee of £215

You need to be applying in early June is you wish the matter to be resolved in time!

Please ask if you need further details

Expert:  Harris replied 5 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.