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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 1715
Experience:  Consultant Solicitor at Setfords
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My partner has 2 children with 1 ex husband who is russian

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good morning
my partner has 2 children with 1 ex husband who is russian and lives in russia -she then re married and had a son with a english man who lives here...they are still married but separated. he will not hand over the 3rd childs passport so my g/friend can take all 3 kids to russia and this is stopping the 2 older kids seeing their father in russia. the english ex has a court order that he holds the passport of his son and wont allow him to travel as he feels the mother is a flight risk but with no justification. how can she get the passport so the 3 children and mother can travel ? he cant have a hold on her over the passport as it stops her even going to any other country. like to hear your advice pls
thanks
jon

Hello Jon,

With whom does the 3rd child live, I presume your partner.

That being the case why does the English ex have a court order to hold onto the passport. It should be with the parent who has the care of the child. Finally does your partner have a residence or child arrangement order for the child to live with her?

Thank you.

MARCUS Malin and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
The 3rd child lives with my partner and she has a court arrangement order for the child to live with her. The passport was ordered to be kept with her ex husband as he made a case my partner is a flight risk if she goes back to Russia as there is no extradition in place there.
Point is though until he hands back passport neither she or the 2 Russian kids she has can ever travel.
She also offered her English ex to have the 3rd child while she goes back to Russia but he refused saying he has
To work
How can she legally get the passport back and also have a situation where the English ex can’t forever have this control where he can dictate her travel plans not only for her .3rd son but for the other 2 kids she has.
Hope that all makes sense
Jon