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Holiday dates agreed and not rescinded, but declines to give passport until night before

If you have anything else at all booked over the summer - eg an arrangement with your ex, or a day out or a week-end visit - anything - ask for that to be ordered too in your position statement (ie that week- the dates before and after it). Anything booked can be ordered, if it falls within "half the holidays" and she hasn't agreed anything.

They always seem to do this - if they don't agree dates it means you can't book anything in advance - they do it because they can't stand the idea of child having "family fun" with you both.
 
Back again!
So she is still being an absolute twit over holiday dates. On 24th June she told him about this supposed holiday the day we returned from our holiday. He has been asking to confirm summer holiday dates for weeks and she keeps saying she doesn't know "her" plans yet 🙄. She then came back with "you can make plans from 17th august" as we will definitely be back by then. He explained that he wants to visit family down south (5 hour trip) so he wanted to make firm arrangements with everyone (he is one of 10 sibs, with divorced parents, so there is a lot of family to juggle visits with!).
Our abroad holiday dates are 28th July- 5th August (flight leaves on 4th, but arrives back in the small hours). She wants her from break up on 21st July, til 28th, then for this supposed holiday from 5th-16th. Then today after he sent a proposal for his dates, she came back saying no, and counter proposed saying that he could no longer have that week, but could have from the 12th-19th and "your family can just come and visit her up here" (oh yeah, with 30+ people in the absolute immediate family, that is hardly practical!!). The whole thing is just exhausting and difficult. He can't visit them now unless he has that week. She is now claiming that SD has an appointment in that week and she has been waiting ages for it (news to us). When asked what the appt was for (twice) she didn't answer either time (on text) and instead just started kicking off saying "I've told you before not to speak to me on text about this stuff, only face to face" (because she doesn't want evidence of her unreasonableness!).
Is this something that can be dealt with on thr 11th? We have booked a couple of (free) museums for the time we were away. The only other evidence of plans we have is that my other half's dad is moving out of his house for the 6 days we will be there so we can stay rather than paying out for 2 hotel rooms.
We can't change the dates we visit family now as so many of us (me included) have moved our work days around to accommodate the dates!
 
Yes. Do a position statement for the hearing and ask that your holiday is ordered from x time x date to x time x date (giving you enough time to get back reasonably) and say that as the Mother will not agree reasonable dates for the remainder of the holiday and you already had family plans from x date to x date, you ask that the court also order these dates. If you have anything like an email from family re the dates you've arranged, attach that. Saying you already had plans and the whole paternal family has booked these dates to spend together but the Mother has now refused those dates as well.

At the end of the position statement, set out clearly the dates you want ordering including from x time to x time specifically. eg 6pm on x date to 9am on x date (or 6pm on x date).

So it would look something like

6pm on 27th July to 1pm on 5th August (or 6pm so it allows for sleep for little one).
5pm on x date to 6pm on x date (the dates you've arranged with family).

For the holiday you need a) proof of booking and payment (if you haven't already sent that) and for the family week you'll need something ideally to show it's been arranged with family - maybe texts or emails from other family members showing they've booked their time, worked things for that week etc.

Presumably the ex has now had court papers for the specific issues hearing? So she's probably just being difficult with whatever else she can mess up! If she's going to be like this every year, then you might need to apply for variation for defined holiday weeks. Eg first half with you, second half with her each year - so no arguments.

She's trying to assert her authority and make it sound like her plans take priority - but she's wrong - she should have agreed reasonable dates from the start so you can make plans. She's just trying to prevent family time because she can't stand it/feels threatened by it.

You need defined weeks in future.
 
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The main thing is - can you prove your holiday dates were agreed before you booked the holiday? If you can then the Judge should order your entire holiday dates and if she has a flight booked before you get back - tough! She'll lose it.
 
I'm back 😭.
Court went okay, they only addressed the passport and holiday. They have ordered 6.15pm handover the night before travel, til 4.30pm until the day of return. She has been told in no uncertain terms not to book a holiday on the day we return as it is not safe or in childs best interest to do that.
Unfortunately we now think she has cancelled the passport. Dp went to collect SD for dinner this evening. Mum was there at first handover and nothing was mentioned. On return her parents were there, but not her.
Her dad has just squared up to DP after handing the passport over, whilst her mother shouted from inside "good luck, loser". DP asked what? (As in why, what do I need good luck for?) And her dad started calling him a fucking cunt and other obscenities. Of course DP (I don't know how, once again) walked away. He has the absolute ability to hold back all emotion and temper. I actually wonder if he is human sometimes.
But, now we are worried. That comment has made us both think, they've cancelled the fucking passport haven't they? Google isn't helping me find out if we can find out if it has been cancelled. I just want this nightmare to be over.
Does anyone know if there is a way we can check this? And if it hasn't been cancelled, is there a way to stop her doing so at the last minute?
 
I may be wrong but does a cancelled passport not have the corner of the information page cut off to signify it as cancelled?
 
She'd be in breach of the order if she hadn't provided you with the child's passport and had deliberately cancelled it. Understand your concern though. A passport can be cancelled online - reported as lost or stolen.

All I can suggest is your OH writes to the passport office formally, stating he has parental responsibility, and sending them a copy of the specific issues order and stating that they are not to cancel the child's passport if requested to do so - it is in your possession and you will be taking child on holiday on x date. Phone them first - phone number is on here. Probably easier to explain on the phone, give them the passport number and ask them how to ensure the other parent doesn't cancel the passport before the holiday. Pre-empt it.


Scotay - if they cancelled it online I don't think the corner would be cut off yet.
 
She'd be in breach of the order if she hadn't provided you with the child's passport and had deliberately cancelled it. Understand your concern though. A passport can be cancelled online - reported as lost or stolen.

All I can suggest is your OH writes to the passport office formally, stating he has parental responsibility, and sending them a copy of the specific issues order and stating that they are not to cancel the child's passport if requested to do so - it is in your possession and you will be taking child on holiday on x date. Phone them first - phone number is on here. Probably easier to explain on the phone, give them the passport number and ask them how to ensure the other parent doesn't cancel the passport before the holiday. Pre-empt it.


Scotay - if they cancelled it online I don't think the corner would be cut off yet.
Didn't think about reporting it as stolen.

Hate to say it but i bet the courts do F-all if she has.
 
She'd be in breach of the order if she hadn't provided you with the child's passport and had deliberately cancelled it. Understand your concern though. A passport can be cancelled online - reported as lost or stolen.

All I can suggest is your OH writes to the passport office formally, stating he has parental responsibility, and sending them a copy of the specific issues order and stating that they are not to cancel the child's passport if requested to do so - it is in your possession and you will be taking child on holiday on x date. Phone them first - phone number is on here. Probably easier to explain on the phone, give them the passport number and ask them how to ensure the other parent doesn't cancel the passport before the holiday. Pre-empt it.


Scotay - if they cancelled it online I don't think the corner would be cut off yet.
I hate to say this but it looks incredibly easy to simply cancel the passport online, takes a few minutes.
I would check with passport office but as per all the press they are under pressure at the moment to answer anybody.

This ex is one twisted individual, technically she has handed over the passport but dont know how the court would look at the cancelation of it.
It all may be bluster as if she was particularly nasty she would cancel it and not tell you until you tried to check in and go through passport control but its stress and hassle.
 
Back again!
So she is still being an absolute twit over holiday dates. On 24th June she told him about this supposed holiday the day we returned from our holiday. He has been asking to confirm summer holiday dates for weeks and she keeps saying she doesn't know "her" plans yet 🙄. She then came back with "you can make plans from 17th august" as we will definitely be back by then. He explained that he wants to visit family down south (5 hour trip) so he wanted to make firm arrangements with everyone (he is one of 10 sibs, with divorced parents, so there is a lot of family to juggle visits with!).
Our abroad holiday dates are 28th July- 5th August (flight leaves on 4th, but arrives back in the small hours). She wants her from break up on 21st July, til 28th, then for this supposed holiday from 5th-16th. Then today after he sent a proposal for his dates, she came back saying no, and counter proposed saying that he could no longer have that week, but could have from the 12th-19th and "your family can just come and visit her up here" (oh yeah, with 30+ people in the absolute immediate family, that is hardly practical!!). The whole thing is just exhausting and difficult. He can't visit them now unless he has that week. She is now claiming that SD has an appointment in that week and she has been waiting ages for it (news to us). When asked what the appt was for (twice) she didn't answer either time (on text) and instead just started kicking off saying "I've told you before not to speak to me on text about this stuff, only face to face" (because she doesn't want evidence of her unreasonableness!).
Is this something that can be dealt with on thr 11th? We have booked a couple of (free) museums for the time we were away. The only other evidence of plans we have is that my other half's dad is moving out of his house for the 6 days we will be there so we can stay rather than paying out for 2 hotel rooms.
We can't change the dates we visit family now as so many of us (me included) have moved our work days around to accommodate the dates!
You need to check at https://assets.publishing.service.g...-_malicious_lost_and_stolen_reports_-_V1_.pdf
 
It does look very easy doesn't it - did you phone them? I think that might be the quickest way to stop it happening - ie they could "uncancel" it again before it goes through. Or if it's too late for that, you'll need to get another passport.

How long till your holiday? I believe there is an urgent service in a couple of days for a new passport but it costs quite a bit of money I seem to remember. If you have to do that, you should keep the passport yourselves.

If you find out the passport has been cancelled, and you have to pay a lot of money for a new one, I would consider doing another urgent specific issues order and prohibited steps order to say that Father keeps the passport, Mother is prohibited from cancelling the passport and for costs - to cover the cost of your application. And permission to lodge the prohibited steps order with the passport office.
 
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