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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

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: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year 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.