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Yes the child is resident in England. He was born in Dublin, Ireland and only has an Irish passport. The Judge (without a formal application being made) is trying to make an order, that I must surrender the passport 10 days before my ex (who has PR) leaves for any holiday. I have agreed to an undertaking (or something in the preamble of the order) that I will hand over the passport, but not for it to be made into an order, on condition that I am given details on flight intinerary, where my son will be staying and emergenct contact info. My ex is refusing to agree to this. We have case law which states this is not an unreasonable request. The judge now wants a hearing on the matter of whether he has jurdisdiction before deciding whether the order can be made. My solicitor has legislation which indicates only a high court judge can make such an order, but she seems unsure of it.
I'm afraid I do not know what you mean by:
"HOWEVER in fact it is clear that a Circuit Judge DOES have to deal with the matter - although that could still be dealt with in the family Court"
Can you explain please?
Many thanks for your responses. However I still haven't got the answer I am looking for. I was really try to get to the bottom of my original question, with something to back up the response as to whether a DJ did have jurisdiction over a foreign passport. Perhaps there is no answer. But I would be happy enough to accept an answer that included how he might look to enforce the order, despite not having jurisdiction.