How can I get a passport back?

[malvina]

My ex doesn't want to return a child's passport to me, although I gave it to him on the condition that after he and the child come back from vacation, I'll get it back. As I was the one who collected all the documents, lined up at the passport office and paid for the passport, I believe that I have the right to be a keeper of the passport. I gave the ex two written reminders already and if my third reminder doesn't bring results, I'm planning to take it to the court.

My question is should I take it to the small claims or Family law court?

[SRivers]

Family court. What % of time does the child stay with each parent, who ever has the higher % should be the keeper of important documentation. A judge may just ask you is the parent a flight risk? If not what's the real problem here?

[malvina]

It's 50/50 time, i.e. shared parenting. The father has been hostile from day one of this arrangement and considers himself a primary parent with last say in everything. The real problem here is that i'm planning a trip to Disneyland next spring and he knows that but can't miss the chance to make me beg for the passport which is really my property because I paid for it.

[SRivers]

Just stating to him "Look if you can't/won't give me the passport back, we will get a judge to give it back too me. This will be viewed as wasting courts time by being juvenile and judge may charge complete court costs for said appearance to encourage cooperation."

[malvina]

Thank you. I'll do what you recommended.

But can you tell me why is this a matter of the Family law court? Why not a small claims court?

[SRivers]

Hi There Because it involves your childs and his/her mobility. Depending on what your court order stipulates for ease of movement etc. Small claims would have him reimburse you for passport costs but wouldn't order who has possession of passport. It's a family issue.