Children's Passports Missing

Catbells

Hi

A friend who is trying to go through a divorce without going to court and pay £00000s has discovered her children's passports are missing and her estranged husband has said he has them.

Does he have a legal right to do this? What should she do? She is trying to save money by not overusing the lawyer but I can't see any alternative to suggest other than going to the lawyer and spending in this instance.

KiKi

I can't answer that question specifically, but could she not just apply to the passport office for new ones, saying the old two are lost? The passport office would cancel the old ones and issue new ones. She'll need birth certificates etc to prove ID, but that seems the easiest solution to me.

It would also stop the ex taking them out the country, in case he had any plans to do that.

I'm not encouraging her to lie and say they're lost if they're not, but she has no proof that he has them, only his word. Seems easier all round.

HTH
KiKi

rachbc

Unless there is a prohibative steps order in place stopping him taking the kids out of the country I doubt there is anything legally she can do.

Does she worry that he is going to take the children out of the country or is it that she needs the pasports and he won;t let her have them?

rachbc

KiKi wrote: »

I can't answer that question specifically, but could she not just apply to the passport office for new ones, saying the old two are lost? The passport office would cancel the old ones and issue new ones. She'll need birth certificates etc to prove ID, but that seems the easiest solution to me.

It would also stop the ex taking them out the country, in case he had any plans to do that.

I'm not encouraging her to lie and say they're lost if they're not, but she has no proof that he has them, only his word. Seems easier all round.

HTH
KiKi

Depends who got the passports in the first place - if it was dad's signature on the form then mum can't say they are lost and get new ones and visa versa.

shop-to-drop

Why do you think dad took the passports? Do you think he may take the kids out of the country or is he tryng to stop her being able to do it? If she thinks there is a risk he will take them I would think legal advice will be well worth paying for.

clearingout

is he a flight risk? does he have family connections with a non-Hague convention country? does he have work connections? would it be easy for him to disappear? If the answer to any of that is yes, I suspect she needs to look at her legal options to avoid problems. If the answer is no, the chap is probably on a bit of a power trip and is enjoying stressing her out in this way. Ignoring it often defuses the situation. Try https://www.wikivorce.com - lots of help there on these issues.

Catbells

shop-to-drop wrote: »

Why do you think dad took the passports? Do you think he may take the kids out of the country or is he tryng to stop her being able to do it? If she thinks there is a risk he will take them I would think legal advice will be well worth paying for.

Thanks all. He says he thinks she may take the kids out of the country which she has not intention of doing - maybe a holiday but not permanently.

He has dual nationality - European country.

Catbells

clearingout wrote: »

.......... the chap is probably on a bit of a power trip and is enjoying stressing her out in this way. Ignoring it often defuses the situation. Try https://www.wikivorce.com - lots of help there on these issues.

Yes there is a definite possibility that its a power thing as she ended the marriage.

heretolearn_2

They are not missing, are they. The children's father has them. He has just as much right to them as she does.

peachyprice

Catbells wrote: »

Thanks all. He says he thinks she may take the kids out of the country which she has not intention of doing - maybe a holiday but not permanently.

He has dual nationality - European country.

Of course he has as much rights as their mother to hold the passports, they are his children too.

Unless there is a risk of him leaving the country with the children and she goes to court to register this there is nothing she can do.

It sounds like neither trust the other with the passports. Is there a mutual friend or family member they would both trust to hold the passports for them?

Catbells

Of course either of them has a right to them, but by taking them he is moving the divorce into a more difficult place as it is intimidating for my friend. Clearly there is little trust there and this is making it an even less trusting situation.

I think giving them to a friend (not family) is a good idea and will suggest this.