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Hi everyone.
I have been reading a lot these last several weeks. I had my section 7 interview today, I would like to think it went really well but from experience the report might not be so.
However I have a question if anyone can please help.
Does the UK courts have any power to order me to handover my child's passport (Non-UK). I have told them I am happy to give these over if needed. I dont want them to have any reason why contact cant happen but am I legally bound to do so?
I would prefer to understand were I stand legally right now Im doing this on good will.
Thanks in advance
I'm finding the logic behind the question quite difficult to follow e.g the repeated assertions that you will comply with a court order but you "just want to know".
Well anyway, to give you an answer (and hopefully save you many more hours of searching). Disclaimer: this is NOT legal advice and I advise you to seek professional legal advice.
Yes - a UK court can order the surrender of a forgein passport, for a child and even for an adult (it all depends on the specific circumstances).
You may find section 37 of the Family Law Act 1986 useful, however this only applies to UK issued passports.
The High Court has the power under its inherent jurisdiction to order the surrender of any/all travel documents including foreign passports where it is acting to safeguard the child/adult involved.
A passport order may be issued, non-compliance could result in being arrested, it may contain a clause such as:-
The respondent and any other person served with this order must each hand over to the Tipstaff (for safe-keeping until the court makes a further order) as many of the following documents as are in his or her possession or control:-
(a) every passport relating to the children, including an adult's passport by which the children are also permitted to travel, and every identity card, ticket, travel warrant or other document which would enable the children to leave England and Wales
Maybe, it’s worth consulting with a family law attorney to get accurate advice tailored to your circumstances. As I know, in family law matters, courts may sometimes issue orders related to child custody, including possession of passports.
Maybe, it’s worth consulting with a family law attorney to get accurate advice tailored to your circumstances. As I know, in family law matters, courts may sometimes issue orders related to child custody, including possession of passports.
Speaking of unique approaches, I've heard of some individuals attempting to use services like [censored] to obtain temporary certificates for their children. However, it's crucial to highlight that resorting to such methods could potentially lead to serious legal consequences. Always best to stay on the right side of the law and consult with a professional for guidance.
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