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.
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
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