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Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I have a holiday booked to Canada this

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My husband and I have a holiday booked to Canada for July this year with his daughter (8 years old). We have had problems in the past with his ex withholding her passport but went to court over a year ago and now have an order in place that says so long as she is given 3 months notice and all applicable details of destination etc then without reasonable grounds, she cannot withhold the passport.
We have email consent from her regarding this holiday and have sent her all the details she requires.
Although we are not going until July, we have requested the passport now incase there are any issues so that we can sort them in time for the holiday. Her and her husband have point blank refused to let us have it without giving any reasons or any indication of if and when she will hand it over.
We know we can apply to court for a specific issues order but I had a thought today and wanted to know where we stand on it. My husband was married to his daughter's mother when she was born and is named on the birth certificate so he does have parental responsibility.
Would we be able to apply for a new passport?
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that you are not able to obtain a second passport for the child.
Instead I am afraid that you are going to have to wait until June and apply for a Specific Issue Order if need be
Please ask if you need further details
Customer: replied 3 years ago.

Hi, i realise that. I had heard you could void the current passport as it is 'unavailable' and apply for a replacement? Same as if the passport was misplaced. I know this sounds underhand but we cannot affors to have another holiday abandoned because of her vindictive behaviour. How would the court enforce her passing over the passport? Why would we have to wait till june??

I am sorry but this is not an option that you can pursue.
The Passport is not lost and acting in this way will simply mean that you will lose the sympathy of the court in any future applications
You need to wait until June to avoid any claims that she intends to take the child abroad herself before then.
She will be specifically ordered to produce the passport - and could face imprisonment if she fails to do so.
However the court could also Order that the Current passport is declared void and a new one obtained - you simply need to wait a little longer I am afraid
Customer: replied 3 years ago.

Ok thanks, ***** ***** it differs court to court but do you know how quickly this could be arranged? Is there a way of highlighting our time constraint? Also, is there a way we can request her to reimburse us for the court application and any associated costs given her behaviour? Thanks

I woudl suggest that you write again at the start of June ( or end of May) and arrange an Urgent mediation appointment and then make an urgent application at the start of June - it can be heard within a couple of weeks
You can indeed claim costs!
Customer: replied 3 years ago.

Ok great, thanks. Sorry just one more question, if we were to make an application now could we request that if they agree with us that the ex cant withhold the passport that they order her to hand it over by a set date, say two weeks before holiday? Then if she doesn't would we have to make another application or could it be enforced straight away at that point?

You can indeed do that if you would prefer to simply enforce the order later on
Customer: replied 3 years ago.

Is 'enforcing' the order simpler than an application? Or would it only be worthwhile to do it now if we thought it would put her off being difficult nearer the time?

Personally I would wait and deal with it all in one BUT if you think it would actually work as a deterrent then go for it!
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