Firstly we would suggest being reasonable and practical about this.  Firstly, do you need the passport? When do you need it for and have you clearly explained why, when and where you are going?  

There are lots of things to consider:-

Is there a court order regarding where the child lives as in those circumstances it would normally be that parent that holds the passport.  If you see the child regularly and there are no issues or concerns about your care then you should set out, in writing, the details of why you need the passport, where you are wanting to go and when. Give a reasonable amount of notice and if you don’t hold the passport and anticipate a problem then do not go ahead and book something before it is agreed you can have the passport.  The next step, if it is refused, is to contact a local mediator and try to sit with a 3rd party and discuss matters and try and reach an agreement without the courts intervention.

If you have booked the holiday and you are still being prevented from having the passport then you can apply to the courts for a specific issue order relating solely to the issue of the passport.  The court will need to know the details of the trip, why it is being refused, if there are any concerns regarding the safety of the child. You can do this on an urgent basis if permission to have the passport is revoked at the last minute and the holiday has been booked.

The bottom line is that a holiday is not a bad thing for a child and spending quality time abroad with both parents, family and friends is really important.  If however there are serious and honest concerns about the safety of the child and / or a risk that the child will not be returned with proof of why you have those concerns then you can withhold the passport and obviously justify your reasons should the matter be taken to court.  

Both parents should be open to discussions about holidays, both abroad and in the UK, and how that may impact on normal arrangements and how alternative time can perhaps be offered to the other parent that will not see the child whilst they are away.

If you have tried to communicate regarding issues relating to the passport, you have tried mediation and no agreement has been reached, or in fact you need to make an urgent application to the court please contact us and we can support and assist you in preparing your application.