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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33992
Experience:  Over twenty-five years experience
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Can my ex-wife demand I renew my children’s passports to

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Hello. Can my ex-wife demand I renew my children’s passports to take them on holiday with me but refuse to contribute to the cost of their renewal?
Assistant: Where are you located? It matters because laws vary by location.
Customer: England
Assistant: Has anything been filed or reported?
Customer: Nothing, I’m still consulting on how to approach the issue.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: In addition - to above. She insist that as the primary carer she has the right to the renew passports and if I do ‘return’ them to her once I return from holiday, she will call the police ... has she got the rights to do this ?

Is there a court order in place

Customer: replied 4 months ago.
No there isn't...

Ok well on that basis with you both having parental responsibility you both have equal and the same rights. The police would not be interested in coming to your house and asking for the passports. If you bought them they would be yours without a court order in place (obviously they belong to the children). The court would not make her pay half as this is really a matter between the two of you. Happy to discuss and please rate positive.

Customer: replied 4 months ago.
Thanks for your response Thomas.The scenario I'm trying to understand how it will play out further down the line when she wishes to take the children on holiday.As the passports belong to the children, though purchased by myself, could she make an application to the court demanding the passports were handed to her on behalf of the children ?It ought to be cheaper to talk to me and contribute towards the cost of the passports but I suspect she believes she qualifies for legal aid and therefore going to court will incur no cost for her but will result in a hefty cost for me.
She’ll only get legal aid if there has been DV in the relationship. Otherwise she will not. They would also not grant legal aid over a row over passports. The court could say that if the children live with her they should stay with the children (even if you paid) but to be returned to you for the purpose of holidays etc.
Customer: replied 4 months ago.
What does DV mean?
The children live with both of us, myself 6 days a week, and herself for 8 days. She had held onto the passport for 3 yrs as the resident parent until they expired last week on the basis that she was the primary carer/resident parent. Could the court rule that the passports should stay with her on this basis ?
Dv is domestic violence. From the share you have of the children it’s likely they can remain with you. Appears you have a shared arrangement
Please rate positive
Thomas Judge and 2 other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok, thank you for the time and excellent service :)