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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1161
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Can I get a Specific Issue Order for the return of my

Customer Question

Can I get a Specific Issue Order for the return of my children's passports? I need the passports to complete my immigration process. I am not a UK national (Brazil) but my children are UK nationals and so is their father. Their father and I are going through a hostile divorce and he will not release the passports to me because he has said he believes I would return to Brazil with the children without his consent (I would not and am working very hard to stay in the UK). However, I can not complete the immigration process without providing the children's passports.
Submitted: 2 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am a Family Solicitor and not an immigration solicitor so I am taking your word that you require the childrens passports for immigration.

It would be a shame for the courts to have to litigate such a limited matter but if the father will simply not provide you with the passports and you do require them then, yes, the family courts can decide the issue of whom should retain the passports for the children.

You need to first attempt mediation as this is a prerequisite before you can apply to court unless your matter is an urgent one. This really is going to depend on the timescales you have for your application. If you have several months the courts would expect you to attempt mediation first but if your timescales for your application are shorter, say only a few weeks then you can seek for an exemption to mediation when you apply to court.

If you do have the time for mediation, then google mediation in your are and give your local service a call to get the ball rolling.

Mediation will try and help you both reach agreement without the need for court. If mediation doesnt help reach agreement or the father wont engage then the mediator will sign the form that you need for court.

The form is the C100 Form.

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

There is a court fee of £215 although you may receive a reduction or remission depending on your circumstances.

You should detail in the application that it is important for your childrens welfare that you are able to remain in this country to care for your children and that the passports are required in order for you to be able to do this.

Let me know if I can assist you further

kind regards

Caroline

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ukfamilysolicitor and 3 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Would you mind signposting the Form A - do I fill this in and send it to my mediator? When the mediator has signed how do I lodge it with Family Court - I don't have a solicitor
Customer: replied 2 months ago.
I have found the form A and we have tried to fill it in, is it at all possible that you can look it over? The mediator is happy to do section 4 but we weren't sure that we had understood all the questions in section 1-2 and put them in correctly? Also we weren't sure whether to say we have had this advice from you or not.
Expert:  ukfamilysolicitor replied 2 months ago.

Hello

I am sorry that I have not been available over the weekend. I am more than happy to look over the Form A for you.

The mediator will likely undertsand that you have been guided.

This is the Form for the occupation order:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117

kindest regards

Caroline