SA Ex Withholding Son's Passport - Help?

Discussion in 'Family Law Forum' started by nicol, 13 March 2019.

  1. nicol

    nicol Member

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    Hi,

    My son's Father has his passport in his possession and is ignoring me when I ask for it. We have a holiday booked for August 2019 which he is aware of.

    Background: Ex took our son away to NZ on holiday in 2017. I signed and provided parental content for him to get our son's passport. Now that I am wanting to take our son away, he is ignoring my requests for the passport which is yet another controlling and spiteful behaviour from him (long history, he is a narcissist and I endured endless psychological, emotional and sometimes physical abuse in the relationship which ended 5 and half years ago).

    To further complicate this, communication has broken down recently and my son is refusing to see or talk to his Father (he physically assaulted our son a month ago along with being aggressive towards son and me). I have always encouraged and facilitated but now it has taken an abusive turn (reported and working with a Psychologist). That is a very long story, cut very short!

    Just wondering what is the best steps to take to recover my son's passport from his Father? Thanks in advance!
     
  2. sammy01

    sammy01 Well-Known Member

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    Cancel all holiday. Flights / accommodation. Try and recoup all costs. WHY? You're gonna need to go to court to get the passport. Chance of getting that done before August? Not great.
     
  3. Tim W

    Tim W Lawyer
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    Doing this, of course, with the associated financial losses, is exactly what he wants you to do.
    I suggest a phone call to the Passports Office.
    They can't give you legal advice, and they can't solve your Family Law problems.
    But you won't be the first person ever to ask this question.
    So, maybe, they might be able to explain about what happens
    with passports (and only about passports) in this sort of situation.

    I do think however, that you're looking for an Order that he hand over the passport.
    And that means a trip to court.
     
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  4. sammy01

    sammy01 Well-Known Member

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    Plan B - (with a bit of strategy). Write to ex. Dear ex, can you please confirm that you will be supplying XXXX passport. I would appreciate it if you could supply the passport before XXXXX. If you're not prepared to supply the passport I will provide you with a passport application form for you to sign so I can get a passport on XXXX behalf.

    Kind Regards

    My thinking is you'll have a solid paper trail - if this does go to court, you want to have a solid paper trail that shows dad is a twit.
     
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