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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10103
Experience:  30 years as a practising solicitor.
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Children's Passports. My ex wife and I are divorced. We live

Customer Question

Children's Passports.
My ex wife and I are divorced. We live around 5 miles apart in Scotland. I have a court order which grants me access every second weekend and four separate weeks of holiday per year. She holds passports for our two sons aged 11 and 7. Despite my requests, she refuses to allow me their passports meaning I'm unable to take them on holidays outside the UK. I'm unsure if this is technically illegal but is certainly unfair. How can I best obtain guaranteed access to their passports allowing me to book holidays in advance? I would prefer to avoid legal expenses so would appreciate what options are available if I were to pursue this matter myself and also if you recommend I absolutely need a solicitor to carry out this kind of work. Thankyou.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
Thank you for your question.
If she has refused your personal request I suspect you will have to use a solicitor to reinforce the request. It may have to be pointed out that your consent is also needed to take the children out of the country unless she has a residence order.
If the solicitor can't sort it by writing then you will have no alternative but to seek a specific issue order from the court ordering the passports to be delivered to you.
You can deal with this yourself if you are experienced in court procedures and the court rules. If not, you should use a solicitor experienced in family law.
I hope this helps. Please leave a positive response so that I am credited for my time.

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