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Hi,
I would like to take my child abroad during my time for contact as stated in our child arrangements order over the Easter Holidays. However my ex is being difficult and is refusing to let me have the passport during this period. We were never married but I do have Parental Responsibility. My Ex applied for and paid for our childs passport without my permission about 18 months ago. What can I do to obtain the passport for the period that I need?
Thanks
You have a couple of options, but you need to act quickly as you don't have much time. The first step is to attend Mediation and try and reach agreement, but if this fails then you can ask the mediator to sign the C100 form to enable you to apply for a Specific Issue Order at your local family court.
In the past we have been exempt from mediation as ex states there has been domestic violence in the past. can I file a C100 straight away? what would the specific issues order be? to have the passport for the duration of the holiday or for me to keep it in my possession and for my ex to use it when she needs to but to return it to me? I dont want to have to go through this every time i want to go on holiday abroad.
Speak with your local mediator, it may just be an exercise in box ticking so that you can send in the C100 SIO application.
The specific issue would be asking the courts to make an order that gives you permission to take your child on holiday and for the mother to give you the passport in good time for the holiday. As for whose possession the passport will remain in, will depend on what you ask the court to do and what they consider the appropriate course of action to be.
Good luck
ok thanks!
As well as the above, make the assumption that your ex will have conveniently "lost" the passport - so get forms for a replacement passport and have them with you when you go to court - if your ex says she's lost them, she can sign the form there and then, so there's no delay.
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