Passport issues

[Liquid Knight]

My girlfriends ex-husband is refusing to give her their sons passport. The trip is booked for next month and he flatly refuses to hand it over. This is not just a holiday my girlfriend will be helping out at an orphanage and taking donated toys and stuff over as well.

Is this a simple case of getting a replacement passport or does it have to be reported stolen first?

[KungFuPanda]

Easiest resolution would be an application for a new passport because the old one is lost. Then a big two fingers to the ex.

[SVTRick]

Asked a good friend who works for HMG.
Apply for new passport and have the existing one cancelled, you may need to visit in person with said child and get some new mug shots done.
Passport is property of HMG and you are required to surrender it on request.

[KungFuPanda]

Would it be quicker to say the passport is lost and apply for a new one or tell HMG that it is not being surrendered and ask them to intervene and get the ex to surrender it?

I expect I know the answer.

[Rick101]

Had similar last year and lost £600 deposit on holiday.
Booked to go away at Easter, all paid, and finally after 5 years have passports but just waiting for the excuse why I can't have the kids.

[shirt]

which of them has custody? my mate had to take his ex wife to court over similar recently when she refused to sign the passport application. it took about 5 minutes for the judge to give her a dressing down and rule in his favour.

[KungFuPanda]

Ah, I didn't realise both parents had to sign a passport application!

[shirt]

i have no idea if they do [don't have kids myself] but i'd have thought in a divorce situation the parent with legal custody would have to be the one who applies.

[Rick101]

I think it's fairly easy for the mother to do but if you're the father, you count less.

[Vaud]

It's always so sad that it gets to this case.

Parents mix up rights and responsibilities.

OP - Is there any reason that the father might think that they may not return?

[Craigyp79]

Liquid Knight said:

My girlfriends ex-husband is refusing to give her their sons passport. The trip is booked for next month and he flatly refuses to hand it over. This is not just a holiday my girlfriend will be helping out at an orphanage and taking donated toys and stuff over as well.

Is this a simple case of getting a replacement passport or does it have to be reported stolen first?

It is actually an offence to be in possession of someone else's travel document without a valid reason, so if she has sole custody of the child and he is refusing to hand the passport over that may be a bit of leverage to use.

You can of course report the passport lost/stolen and apply for a new one, however I would check carefully before leaving the country with the child as it may result in an abduction report being made, which could cause a huge amount of problems when you return. This of course depends on visitation rights and who has custody etc, something I have no idea about..

[eybic]

Is the Father mentioned on the Birth Certificate? If not, he has a lot less rights.

[Jefferson Steelflex]

Just get round there, tell him to hand it over or you'll stick his head down the toilet.

[Monkeylegend]

Jefferson Steelflex said:

Just get round there, tell him to hand it over or you'll stick his head down the toilet and he could end up swallowing a toad.

Sounds a bit more threatening.

[Liquid Knight]

I've offered to do worse.

He has threatened her with an injunction if she gets a duplicate passport. So now both she and the charity are taking him to court.

[shirt]

Whilst it sounds nice, what grounds do the charity have? None. An injunction against getting a passport? This is amusing now.

If you like I can email my mate and ask for the details of his case. However I'm fairly sure it's straight forward and the judge will view his 'being an arse' actions dimly indeed.

[Liquid Knight]

shirt said:

Whilst it sounds nice, what grounds do the charity have? None. An injunction against getting a passport? This is amusing now.

If you like I can email my mate and ask for the details of his case. However I'm fairly sure it's straight forward and the judge will view his 'being an arse' actions dimly indeed.

An injunction to stop her taking his son outside the UK. Basically reporting him as abducted before they leave so they will be stopped at the airport on the way out.

Any judge worth their salt would dismiss it but you never know.

[RemyMartin]

How old is the child? Are they at school? Taking time out of school, also if it's not a holiday why can't he stay with Dad?

[Vaud]

Liquid Knight said:

An injunction to stop her taking his son outside the UK. Basically reporting him as abducted before they leave so they will be stopped at the airport on the way out.

Any judge worth their salt would dismiss it but you never know.

Do you have all the facts? Is there any issue that that the child/mother might not be returned?

Judges, mostly, normally look at the rights of the child and chastise parents who both operate outside of these rights and don't perform their responsibilities.

In such a case where injunctions are mooted, both parents need to take a long, hard look at themselves and seek mediation.

[Liquid Knight]

Vaud said:

Liquid Knight said:

An injunction to stop her taking his son outside the UK. Basically reporting him as abducted before they leave so they will be stopped at the airport on the way out.

Any judge worth their salt would dismiss it but you never know.

Do you have all the facts? Is there any issue that that the child/mother might not be returned?

Judges, mostly, normally look at the rights of the child and chastise parents who both operate outside of these rights and don't perform their responsibilities.

In such a case where injunctions are mooted, both parents need to take a long, hard look at themselves and seek mediation.

This is second hand and one sided so I'm being as neutral as possible.

He's three so this is the last year Mum and Son can go on holiday without messing about a school schedule or pay premium prices.