Ex wife holding passport

[scoop]

I think i'ts a bit late for a replacement now, and they aren't lost or stolen, she's witholding them. The kids can't find them either. 3 weeks ago she was fine about us taking them and even took them to the doctors for their travel injections. myself or my partner certainly wouldn't dream of going in her house and finding them ourselves, we're trying to not seem too concerned in front of the kids but if we don't give the travel agency the passport details today-there's every possibility the kids will not be on the plane.

 

Hope everything works out ok.

[Cyclone]

You cannot hold a persons passport as that is not permitted under law. However in this case, I'm sure she would be able to claim loco parentis and nothing would be done.

 

Your best bet will be to call the passport agency and ask them for advice - I'm certain that they will have had to deal with this before - if there is time then you can jsut declare the passport lost and apply for new ones.

 

Surely she is just parentis, not in loco parentis.

[Cyclone]

But it wont be any good as they are supposed to go away at the weekend.

They cant apply saying they are stolen as everyone knows including the Mother that they arent.To say so would be false.

I am sure that the passport office would check on this anyway.

My sons was genuinely lost and when they processed his new one they made a phone call to this address and asked security questions.

 

What would you call it if someone takes something and refuses to give it back.

Isn't that exactly what theft is, and thus they are stolen...

 

You can get a rapid replacement if you go in person to the appropriate office (there's one in Liverpool I believe).

[foxy lady]

 

You can get a rapid replacement if you go in person to the appropriate office (there's one in Liverpool I believe).

 

And how would that help if the child's mother doesn't want her child to go abroad? (ie refusing to hand over a passport)

[espadrille]

What would you call it if someone takes something and refuses to give it back.

Isn't that exactly what theft is, and thus they are stolen...

 

You can get a rapid replacement if you go in person to the appropriate office (there's one in Liverpool I believe).

 

How can they be stolen if the Mother has them. They are children so you would expect the Mother or Father to have them.

Now once they are over 16 then that would be different as they are no longer children.

[Cyclone]

And how would that help if the child's mother doesn't want her child to go abroad? (ie refusing to hand over a passport)

 

The requirement is that they have a passport, a replacement is as good as the original which is being withheld. So assuming that it's not illegal for their father to take them on holiday, it would help by letting them go on holiday.

[Cyclone]

How can they be stolen if the Mother has them. They are children so you would expect the Mother or Father to have them.

Now once they are over 16 then that would be different as they are no longer children.

 

One of them is over 16...

Depending on who has parental responsibility it could be theft as the mother could have no right to withhold the passport.

Are you saying that a parent can never steal from a child though?

 

Either way, the passport office will probably issue replacements.

[foxy lady]

The requirement is that they have a passport, a replacement is as good as the original which is being withheld. So assuming that it's not illegal for their father to take them on holiday, it would help by letting them go on holiday.

 

But that is assuming..not reality.

 

It would be illegal to take a child on holiday without the consent of the other parent unless a court had issued a specific issue order. So one presumes that as the mother is refusing to hand over a passport then she is not consenting to the matter, and as the OP has raised a thread he has not got a specific issue order. That seems pretty clear.

[boyfriday]

Do they know where she keeps the passports? Do they have keys? Why not call round when mummy's at work and get the passports?

 

Just what I was thinking...

 

Then it does become a criminal matter-burglary.

[Bigthumb]

Then it does become a criminal matter-burglary.

 

There is no burgulary in common law if the premises are entered by people who live there, have permission to be there and use their own keys. But a passport is of little use if there is not consent for a child being taken abroad. That could in effect constitute kidnapping.