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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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A judge recently order me to surrender my two natural childrens

Customer Question

A judge recently order me to surrender my two natural children's passports to my solicitor awaiting a custody hearing in September, 2014. My barrister said if I surrendered them and then decided I wanted to go sking I should be able to do so if both solicitors agreed. I am not married but the children's father took the children away last August for 3 weeks without my consent and so I askedhim if I can take them sking next week for one week. He has said no. What happens if I take the children to France for one week without anyone's consent.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and when is the next hearing?
Customer: replied 4 years ago.
10yrs and 8yrs and the directional hearing in in september. A sicial services report was requested, not detrimental Thank you
Expert:  Clare replied 4 years ago.
Do you have an interim residence Order?
Customer: replied 4 years ago.

No. My ex partner and I still live in the house we bought in joint names. What are the consequences if I apply for new passports and take my children away for one week?

Expert:  Clare replied 4 years ago.
Applying for replacement passports when the old ones are still in existence would in fact be an offence in itself quite apart from the family Law implications
If you do obtain passports in this way and take the children then you would have seriously compromised your court application - possibly beyond redemption.
If you wish to take them on holiday then you may need to make an urgent application to the Court for a Specific Issue Order to deal with the matter
Please ask if you need further details

Customer: replied 4 years ago.

If I apply for a Specific Issue Order how long will it take and does my ex partner need to be involved in the process. It was he who insisted the passports should be held by the solicitor until after our hearing. I stupidly agreed not realising the implications.

Expert:  Clare replied 4 years ago.
It should be possible to get one listed within a relatively few weeks
Your ex will have to be involved - but to object he would need a very good reason
You would have needed his permission to take them abroad anyway - the fact that he did it last year would not excuse your doing it this year