[Solved] No Passport Urgent

Hi Kieran

I believe you can get a specific issue order (I got one as part of an interim contact order for the return of one of my daughters passport) and if your ex didn't comply, it would be contempt of court, which the courts don't take kindly to. The only worry I have is the lack of time you have, and of course, if your ex turns round and says, sorry, she's lost it, then you don't have time to get a replacement.

Do you have the agreement in writing from your ex's solicitor? If so, I would be inclined to ring her solicitor tomorrow and remind them of the agreement and that it's been broken. However, before you do this, I'd recommend ringing the Children's Legal Centre first thing in the morning to see if they have any specific advice for you.

It does sound like your ex has left it until very late knowing that you won't have time to do anything and will have to cancel the holiday. To be honest, I think that you could be looking at compensation from your ex and re-booking your holiday.

My first port of call were the solicitors, I faxed them a letter and gave them a call, just received an email saying that they have closed their file on this case and no longer represent this client!! I feel like I’ve been done here. I will of course go to court today with an emergency specific issue application. If I do get the decision and the ex says she’s “lost” the passport I will have to go to Liverpool and apply for a new one on the day.

Am extremely annoyed as I know the ex’s intentions are just to cause as much hassle and financial loss as possible.

Hi kieran,

Hopefully i can be of some service. As the agreement has been made, you haven't made clear as to whether your ex has "forgot" to give it to you, or has refused?

If it is the forgotten element. Call to see about collecting it. If she has refused to hand this over in an ideal world you will need some element of proof that an agreement has taken place for you to be able to take your daughter away.

If you do not have written proof etc, it may be possible to seek compensation from her in that you can prove that the holiday has been booked prior to going and that the verbal agreement has been broken. In civil matters the preponderance of evidence is weighted much less than that of say criminal matters.

How long ago did you book this holiday?

Hi Kieran

If she says she's lost it, then she has to declare this on a form to the Passport Office, and it will have to be signed by her. I'd get a couple of these forms ready so that if she does this, you can go and get the form signed by her and take it with you to the Passport Office. May be worth having a word with the Passport Office to see what else they need so you can have it all prepared just in case. Good luck, and I hope you get this holiday with your daughter.

I sent her a text message to remind her the day before I dropped our daughter off, the maternal grandmother came to pick up our daughter and she didn’t know anything about this and to be honest can’t do anything about it. She did text me back saying she will come and drop it off an hour before we are due to go to the airport, very much doubt she will.

Obviously I can either try and call her bluffing or not but I would rather be on the safe side. I have already had to cancel one holiday, without being compensated, this time am not prepared to let the same thing happen. I everything was agreed in August and I made the booking with her knowledge and consent, now I am being made to sweat.

Again, I'd contact the passport office for the latest you can do everything to get a new passport, and then use that as your deadline for going to pick up the passport.

As an aside, it might be worth writing to your ex's solicitor asking them to confirm in writing that they no longer represent your ex. No particular reason for this - I just have a feeling that it might be a useful thing to have in future.

It is critical that you save that message Kieran.

However i would also say that you will need this passport sooner than that as you don't want anything to go wrong.

Just an update, I went to court and made an ex parte application. The judge summoned the ex for a hearing tomorrow, Thursday 20th, to hand over the passport and explain herself.

Upon being served the papers by court staff the ex sent me a text message offering to hand the passport over tonight, seems like she's reality has finally hit home. Since collecting the passport involves me making a 120mile round trip, one i will need to make tomorrow anyway, i said i will just collect it off her in court tomorrow.

Thanks for the advice guys

To be honest, I think that you could be looking at compensation from your ex and re-booking your holiday.

I am REALLY glad I was wrong on that one. Excellent result 😎 )

Extremely disappointing and frustrating hearing today. It was in front of a different district judge, a woman. The ex turned up and turned on the waterworks, saying i am totally unreasonable, what that had to do with this matter i don't know. She claimed she never withheld the passport but when asked to hand it over said she didn't bring it with her. What was more baffling was the Judges lack of care that even though she had been order to bring it with her she didn't. I said i will wait for her to go home and bring it but surprise surprise she is busy all afternoon.

In the end the Judge just recorded that the ex should had the passport over tomorrow no later than 2.45pm. My concern is that she's already broken an order and there was no repercussions, not even a telling off, so what to stop her doing it again. Even more so today will probably encourage her to do it again.

Right now i am in no doubt that come Monday morning i will be in court again as she hasn't handed over the passport.

On a positive note kieran, this is all adding to evidence to support your claim for compensation.

Its blatant disrespect for the order of the courts.

I often wonder why some women are like this, i really do.