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[Solved] Holding childspassport when there is no chid order

 
(@steventony)
Eminent Member Registered

Hi All

We are not British citizens and from Asia and holding Asian country passport

There is an NMO between me and my Spouse ...when she left i had the passport of the child with me...in the subsequent time i did not apply for child order since my wife requested through my solicitor that she does't have money to content/pay for solicitor for child arrangement orders or make an application for childs passport in the court

I dint agree to give the passport to her without any legal agreement in between us and she wants to take the child away...

Is it considered illegal here holding passport of child when things are not sorted out legally between couples ?..

Please clarify

Many thanks.

Quote
Topic starter Posted : 12/03/2018 2:38 pm
 Mojo
(@Mojo)
Illustrious Member Registered

It's not illegal as such, is there a reason why you don't want them to travel? It's usual for the parent that the child lives with to hold the passport. If you refuse to give it to her, she could apply to the court to have it returned to her.

ReplyQuote
Posted : 12/03/2018 6:54 pm
(@steventony)
Eminent Member Registered

Thanks a lot for the reply ...much needed info indeed....

yes i have valid reason to hold the passport ...in the whole context i want my wife and child back and still duing the NMO i want help them in anyway they need...but my wife kept me in confused state couple of times playing the card that she wants to go back ...

Everytime she commnicated to my solicitor that she is returning back i held my self back from applying child order in UK since anyway court will allow her to go back to home country ...this is the second time she is doing this and this time i am legally handing over the passport through embassy so that i dont get caught up in false allegation again ....

ReplyQuote
Topic starter Posted : 12/03/2018 7:04 pm
 Yoda
(@yoda)
Famed Member

If you are worried about her leaving and not returning, you can apply for a Prohibited Steps Order

If you don't have a court order in place to say who the child lives with - neither of you have the right to travel abroad without permission really. A resident parent can go for up to 28 days without permission though.

ReplyQuote
Posted : 13/03/2018 12:04 am
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