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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 9047
Experience:  Barrister at law
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Thank you for your response. I am not sure if I mentioned

Customer Question

Thank you for your response Peter. I am not sure if I mentioned the issue relating to the children’s passport that the Mother raised at the hearing of the 10 June 2022.Mother has requested for the children’s passport as she claimed to be taking the boys for holiday in France. The Judge ask me if I wanted to give Mother the children’s passport and I replied NO. The Judge ask me why? I told him it was due to the risk with the children as Mother has previously threatened of taking the children to live with her family in Nigeria to enable to be focused on the 3 years degree programme she started last year. This was stated in my witness statement of my promoter steps application in September 2021, and that risks still remains. The Judge then ask me to give Mother the children’s passport, and asked if I would. I said because he said so, yes. However, 2 minutes later, the Judge reiterated, shading the issue relating to the children passport should be arranged between Father and the Mother, and that the court will not be getting involved with the issue relating to the children’s passport. The Judge told Mother representative not to include anything elating to the passport on that day’s order.Mother sent me a text message on the 12 June, 2 days post hearing demanding for a photo copy of the passport to be sent to her as instructed by the Judge. When I did not respond to the text message, she sent me another text message on the 13 June demanding for the copy of the passport to be sent. I replied by saying that I did not trust her to give her the children’s passport as a result of the risks with the children. I texted her that her recent and ongoing appalling conduct over the course of the proceedings had created doubts on my mind to trust her. That I will not be giving her the children’s passport. Meanwhile, 2 weeks before Mother called the Police to arrest me o 7 June 2021, I wanted to renew the children’s passports as the old ones has expired. I went to collect the children’s birth certificate to re issue new passports. To my surprise, the children certificate were not whereI kept them. When I asked Mother about the whereabouts of the children passports, she said she took them. Then I asked if I could have them for renewal of their passports as we were going to Florida’s at the end of August 2021. Mother refused to give me the certificates and said she was keeping them, as it was her only evidence to prove she was the Mother of the children. I find her words very inappropriate at the time, but ignored it. Until now, she still has the children birth certificate and refused to give them back. I find it strange that she is now asking me to give her the children’s passport that she refused to give me the birth certificates to issue.On Tuesday this week, I received an email from her solicitor representative, saying I should give her the passports as I told the court that I will be providing Mother with the passports. He went on to say that if passport were not giving to the Mother, he will considering application for Specific issue to force the passports from me. The Representative is not actually considering what the Judge said that the court will not be getting involved with the passport issues and not to include in the order of that day,I was considering replying the solicitor to remind him about what the Judges said of court not getting involved and for both parents to resolve themselves.Could you advise what to do next and the response to be sent to the other side Solicitor, please?
Submitted: 14 days ago.
Category: Family Law
Expert:  plclegal replied 14 days ago.

Hello and thank you for the question.

I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Customer: replied 14 days ago.
No problems, thank you.
Expert:  plclegal replied 14 days ago.

Firstly - to be clear - you have advised that the passports have expired.

New passport applications are taking months to be issued at the moment.

It looks like both of you are going to be in some difficulty with travelling abroad with the children.

If the passports need renewing, you need the birth certificates. So you should respond to the solicitor and state that you need the children's birth certificates from mother to renew the passports, and that if she refuses to give these to you that you too will have to make an urgent specific issue order application as neither of you can travel with the children until the passports are renewed.

Further, there is a PSO in place.

If mother has a specific holiday plan then she can provide details of the flights or other travel arrangements and share booking details no later than 14 days in advance of the planned travel. On receipt of this information you can agree to her having them for the trip, to be returned to you with the children when they come back to your care.

I trust that this assists?

Customer: replied 14 days ago.
it does, thank you. I think there is a misunderstanding with my explanation earlier. For clarification purposes, when Mother refused to give the children birth certificate, I have to write to the passport office explaining the situation and wanting to take the children on holiday. I was then given a code by the passport office to reapply for the children’s birth certificate and then their passports. I have their passports, but very concerned that the Mother is going to run away with the children, as she has previously threatened.With the risks of Mother taking children away, I don’t want to lose the children.Could I say so to the solicitor that I do not feel comfortable giving Mother the passports , as a result of tge risks. Bearing in mind that the Judge said the court were not getting involved with the passport issue and not to include the issue on the order. The Judge made it clear that the issue with the lass
Expert:  plclegal replied 14 days ago.

Thank you for clarifying that.

Then the last part applies in particular - if there is a specific holiday planned then they can apply to the court as a specific issue order if you are not able to agree. Specifically, as their main carer, you should retain the passports. If she won’t provide holiday booking information, then you have cause to be concerned.

Is there anything more I can assist with?

Customer: replied 14 days ago.
Will the court use it against me for doing this ?
Expert:  plclegal replied 14 days ago.

I think given the concerns then no, particularly as no specific plans have been put forward.

Customer: replied 14 days ago.
Thank you so much indeed. That was very helpful. I will speak to you soon.
Expert:  plclegal replied 14 days ago.

My pleasure. Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Take care.