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VIC Husband Took Passport to Prevent Travel - Police Matter?

Discussion in 'Family Law Forum' started by JolaJola, 27 May 2015.

  1. JolaJola

    JolaJola Member

    27 May 2015
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    Can my husband take away my passport and kids' passports to prevent our travel overseas for already booked holiday?

    Is it a police matter? Shall I go to the police and let them know that he took the passports and hid them away from home?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    This is not a police matter, it's a federal matter to be determined by the court if you and the other party are unable to reach agreement. State police have no power to act in regards to the kids' passports, though you may be able to retrieve yours.

    I suggest getting legal advice for this matter if there is some urgency.
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  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
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    That's a double-barrelled question.

    On the one hand, a parent can withdraw their consent for a child to be taken out of Australia.
    Especially if they have bona fide concerns that the child might not be returned*,
    or if there are particular (and again, bona fide) concerns for their welfare.**
    Taking possession of the children's passports might (very, very "might")
    be a reasonable move in those sorts of circumstances.

    On the other hand, taking possession of a person's passport
    with no other intent than to cause them (or someone associated with them)
    financial loss (such as losing the money they (or a parent) have spent on a pre-booked holiday),
    might amount to stealing (of the passport), which could indeed be a police matter.

    In any event, stealing or not, without your consent, I cannot imagine any basis at law
    for him to to take possession of your passport. That could well be a police matter.

    Hopefully some of the lawyers here (most of whom know far more about Family Law than I do)
    will have some more helpful suggestions.

    * For example, if doing so would have the effect of confounding parenting arrangements,
    or obstructing the work of the Family Court.

    ** For example if the child was being taken overseas for an arranged marriage,
    or to a country where they are exposed to cultural practices that will cause them harm,
    such as FGM in some parts of Africa.
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