Can we get the police to help ?

[bambisoloved]

My daughter wants her 7 year old daughters passport from her ex [ never been married ] but he is refusing to give it to her
Its all to do with my daughter asking him for money for child support, he is using this to blackmail her to stop her pressuring him to contribute finantially

Can she ask the police to go with her to get it from him ?


does anybody have any idea what she can do ?


bambisoloved

[labman]

Re: Can we get the police to help ?

I think it would be a matter for family mediation or a court to decide rather than the police.

[FTW Mamuskills]

Re: Can we get the police to help ?

Im assuming your grandaughters residence is solely with your daughter?
If your daughter has tried to be reasonable with her ex and he is using it as a bargaining tool then I would certainly consider contacting the police to request assistance.
They may simply go and retrieve it. Explain that the child resides with your daughter and your daughter has sole residency.

Im sure others will be along with a comprehensive method of support. I know there are laws about witholding passports ect but am unsure of the exact circumstances.

[bluebottle]

Re: Can we get the police to help ?

If this jerk is retaining your grand daughter's passport to get out of paying Child Maintenance, he is going to get his butt kicked by the CSA. Also, he has to prove he has a lawful reason to retain possession of the passport.

I can't help thinking about the Hague Convention 1983 and I am wondering if, at the back of his mind, he's thinking if he retains the passport, your grand daughter can't be taken out of the UK. However, you state your daughter and her partner have never married. Did they ever enter into a civil partnership that has been registered? This question needs to be answered.

[bambisoloved]

Re: Can we get the police to help ?

Thank you for your advice Labman and FTW Mamuskills

Dear Bluebottle

When i said child support sorry i meant he hasnt supported her finantially. My daughter has not gone through CSA. She askes for money from him, he promises but never follows through, he may have given her the odd fiver when he was in a good mood. I have tried to talk her into going through the CSA so she is not put in this postion but wont. I think she will in time but i have to let her make that decision herself.
Yes they did live together [ in my house ] before and after the baby was born. His name is on the birth cirtificate.
They did not go through any civil partnership or register
I think he is simply being nasty because he knows my daughter want to take my grandaughter on holliday and is using this to get her to stop asking for money.
As they are not married and he is withholding a legal document for no good reason, and as the mother of the child [ they live together in their own flat ]
she should have more of a legal right to get the passport back with the assistance of the police. Dont you think ?

I hope i have given you enough information


bambisoloved

[labman]

Re: Can we get the police to help ?

Does the father's name appear on the birth certificate?

Could she not report the passport as lost and get another?

[valeriej43]

Re: Can we get the police to help ?

I am not sure if it is any different as far as passports are concerned, [it shouldnt be] but your daughter can get the police to go and get anything that belongs to her or your daughter from her ex, it has happened in a situation in my family so go and ask them, tell them he is refusing to give it to her, she might need to go with them, as happened in our case, then she can get it herself if she knows where it is kept, but dont warn him
Also she should contact the CSA if he wont help with supporting his daughter, cant understand why she hasnt if he is refusing

[Guest]

Re: Can we get the police to help ?

Hi

Who is the legal gardian of the child.

Peter

[labman]

Re: Can we get the police to help ?

After December 1st 2003, with an unmarried couple where no civil ceremony has taken place, if the father was not named on the birth certificate he has no automatic parental rights whatsoever. The mother always has automatic parental rights.

[Guest]

Re: Can we get the police to help ?

IN my opinion if the mother is the legal gardian she has the perfect right to call in the police to recover her daughters property( she is acting as her gardian).
If both are joint gardians it is a job for the social workers and the police wont touch it with a barge poll.

Peter

[bambisoloved]

Re: Can we get the police to help ?

Dear Labman

yes the fathes name is on the birth cirtificate. does this make any differance as they are unmarried and therefore mother has more rights then father
I have already suggested this to my daughter re reporting it lost but will she get it back in time for holliday in June and she will have to pay for it. Why should she when he can so easily give it to her

Dear Valeriej 43

I agree with you complietly, she knows his address. But thinking ahead what if he says he hasnt got it or he cant find it she doesnt know exactly where it is in his house. He had no respect for police or authority.
I think in the end she will have to miss her holliday and get another one for the future.
As far as CSA is concerned i have told her that her daughter had the right to both parents supporting her finantially and should for her daughter sake get CSA involved. But my daughter rejects advice from me. i decided long time ago [ she is 26 ] to give advice if it involved children whether she likes it or not, anything else i wait for her to ask for my advice.

Dear Mr Peterboard

I am not sure what you mean by legal gardian
If they are unmarried and my daughter takes care of her wether on birth cirtificate or not the mother has more legal rights then father and therefore should get passport back. Just not sure if police will help

i think i will ring police myself and see if they will help and hope they are not too busy
Thanks for all your help
i am greatful for all your opinions


bambisoloved

[labman]

Re: Can we get the police to help ?

If he is on the birth certificate, the thing which gives her the rights is his lack of contributions to her upbringing. Access, as it used to be called, is different to rights. However, it doesn't sound as though the father wants access, or indeed anything to do with his daughter.

In this case, there is the option of involving the police, but if the child needs to go, the mother needs to think if this will cause any trauma to the girl, especially if, as you say above, the father may not know where it is and a visit with police becomes a drawn out affair.

My concern is the police will just say it's a civil matter and not get involved. In this case, I know it costs her financially, but personally I would still go down the route of obtaining another passport. At least then he has no control. As far as the holiday goes, she can go in person to one of the passport offices and get one there and then. It normally involves a long wait, but it depends how much she wants the holiday.

Forgive my asking, but what difference will her having the passport make to her legal rights for her ex to support the child financially? As far as the CSA go, she needs to be very persistent. If necessary get a court order for an attachment of earnings. I believe for one child, it is something like 15% of the father's total earnings. It is a simple fomcl a used. Thus if the father earns £300 per week, he should give £45 per week towards his daughter.

[bluebottle]

Re: Can we get the police to help ?

The financial matters need to be referred to the Child Support Agency (CSA).

The matter of the child's passport needs to be referred to the Identity & Passport Service (part of the Home Office). They can be contacted on 0300 222 0000, 8.00 am - 8.00 pm, Monday to Friday, and 9.00 am - 5.30 pm, Weekends and Public Holidays. Lost and stolen passports need to be reported to the Identity & Passport Service on Form LS01 which can be downloaded at
Report a lost or stolen passport : Directgov - Travel and transport

You daughter needs to ring the Identity & Passport Service before filling in the LS01 as they may be able to advise and assist her on resolving the issue of the OP's grand daughter's passport.

[bambisoloved]

Re: Can we get the police to help ?

Dear Labman

If police do get involved and my daughter does go with them to his house to get passport i will look after my grandaughter, i will make sure of that.
I have had to keep a watchful eye on my grandchildren for years because my grandaughters father is irresponcible and selfish. On one accasion he had her for a w/e when she was 3 years old then and i knew he was taking her to a local fair so i went along to see my grandaughter and found him very drunk with a crowd of people who i wasnt sure he knew or not and didnt have time to ask because i took her stright home with me.
This was an easy desion to make but its difficult sometimes because my daughter thinks she knows it all. today i talked to her again about going to the csa she said oh stop going on about it mum one thing at a time.
So i will ..... until the next time

Dear Bluebottle

Thanks for that info
I may have to leave it a few days before i read your post to her

Thanks again


bambisoloved

[shell]

Re: Can we get the police to help ?

Go to the police station and report him, you will then get a crime number and with that you should be able to get the child a new passport as you have reported it.(The police will only do something about it if you can prove he is withholding the passport,but you will still get a crime number.) The passport office should then cancel the old passport and issue the child with a new one.