My divorce decree states that I will hold all the children's passport. (Primarily because the ex is a potential deportee). The ex's lawyer has sent a letter stating she, the lawyer, is holding the passports until certain (contested) material property is returned to her client. Do I need to file a separate contempt motion against the lawyer or can she be called in the contempt motion against my ex for not releasing the children's passport? I have a letter this lawyer wrote to my lawyer admitting that she is holding the passport.
1 Answer from Attorneys
Your attorney ought to file a motion for rule to show cause. It is your former spouse's obligation to provide the passport not his attorney's so you can either do that or obtain duplicate passports.