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Withholding children's passports

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Withholding children's passports...
Withholding children's passports
Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/14/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

I am unable to call as I am in Hawaii.

Happy to continue here.

What exactly would you like to know?

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Customer reply replied 8 months ago
Hi, I am in QLD, Facts are:
1. Husband and I separated 10 years ago, no divorce, no consent orders,. Kids live with me full time, he lives in another town.
2. He paid for passports 20 months ago, asked me to go halves. I said I would be couldn't afford it at the time. He bought them and has them in his possession.
3. since then he has barely paid child support (collection through CSA but he fails on his obligation), and is very much behind.
4. I would like to take kids to Bali in April 2018, I have paid for it already.
5. He is refusing to hand over passports until I pay for half of them. I say no to that, as he can back pay a year's worth of child support first (estimate $9000).What are my options?
Customer reply replied 8 months ago
He has recently lost his job and is asking for the money for passports again ($270). I am asking him to give me the passports for the holiday, I don't care if they are in his possession when not in use. I am reluctant to give him any money, as I support the children financially full time through private school myself, without his financial support. He owes me a CS debt.
Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

You have no choice but to make an application to the court to get the passports and also to take them.

If he refuses to allow them to go you cannot take them without a court order.

This is your only option.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 8 months ago
Thanks Leon, a few clarification questions:
1. will I need to show evidence of any attempts at being conciliatory with him? or to do mediation? We have done mediation 3 times many years ago, I would be loathe to do that again!!! Plus that's very expensive.
2. How likely is it they will ask me to pay for half of the passports to him?
3. How likely they will allow me to take the children?
4. which particular court do I apply to? QLD Family court, or the Federal Family court circuit?
Solicitor: Leon, Solicitor replied 8 months ago

You should go to mediation first.

If that fails then go to court.

The mediation has to be now about the passports.

Do not raise the child support it is not going to assist you.

You agreed to pay for the passports but generally the party that applies for them pays.

If you choose not to pay the you will pay to have the court run the matter.

He has to agree and if he refuses and you can show they are coming back the court will grant the right they go.

Federal Circuit Court is the court you go to.

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Customer reply replied 8 months ago
given there is no time for mediation, (In my town the wait list is 3 months to start), would I be able to apply directly to court?Finally, would we need to have all parenting matters addressed, financial settlement, divorce etc? Or could it be just about the passports?
Solicitor: Leon, Solicitor replied 8 months ago

Good Morning

You can try going straight to court as you are not seeking residency (custody)

No you can just deal with the passport issue and the right to take them to bali.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

I am following up my last post.

If you still need assistance please let me know

Regards

Leon

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