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akcmember · Oct 30, 2007, 08:28 AM

To whom it may concern --

I am a minor living in Indiana with both Egyptian and American citizenship. Recently there was a court case against my parents in the Egyptian courts and the legal documents were then signed and stamped by the American Embassy. So it is legit there and legit here in the USA. I am out of the house and have been for the past 4 weeks and I am needing to go back to Egypt in the next 3 weeks. However, my parents refuse to give me my passport even though they are not legally responsible for me anymore.

So my question to you is, can my parents legally withhold my legal documents from me when they are not legally responsible for me in both Egypt and the US? Do I call the police to take it from them?

Thank you.

excon · Oct 30, 2007, 08:35 AM

Hello akc:

I don't know if they can or not. It's a very good question. But, the cops aren't going to help you. You need a lawyer.

excon

akcmember · Oct 30, 2007, 08:38 AM

The problem is I'm supposed to be going back in 3 weeks and I really don't have that kind of money to pay a lawyer.

ScottGem · Oct 30, 2007, 08:40 AM

If they won't provide your passport then go to either or both the Egyptian consulate and/or US State Dept and apply for a duplicate on an emergency basis.

If the passport they are holding is Egyptian then I would start with the consulate.

akcmember · Oct 30, 2007, 08:43 AM

Is there no way I can contact someone and have it forcefully taken from them? The duplicate on an emergency basis seems extremely expensive, and I had to pay a $1400 one way ticket so I'm really crashing and burning in terms of money. Not to mention my flight out is the 23rd of November and I can't change it. It just doesn't make sense to me that they can take it and not give it to me. I can't contact any government official (just as as calling the police department) or something like this? And it's an American passport by the way.

ScottGem · Oct 30, 2007, 08:47 AM

The only way to force them to hand it over is to go to a court and obtain a court order. You can then get a sheriff or local police to help you enforce the court order.

I would start by contacting the State Dept.

The thing here is that, even though its your passport, its not totally yours. I'm assuming it was obtained by your parents on your behalf. Once you emancipated yourself, not only are your parents no longer responsible for you, they are no longer responsible TO you. I'm not even sure if they CAN be legally compelled to hand it over.

akcmember · Oct 30, 2007, 08:49 AM

How long on average does that take? In terms of the court order.

excon · Oct 30, 2007, 08:50 AM

Hello again, akc:

You can certainly call 'em. I'm just telling you that I don't think the cops'll help you. Frankly, your parents aren't violating any criminal laws that I can think of.

IF there's a violation (and to me it's still a question of whether the Egyptian courts finding is valid here), it's a CIVIL violation, and that's why you need a lawyer instead of a cop.

Yes, I know you don't have time or money for a civil proceeding. Ok. That doesn't change the fact that that's the proceeding you need.

I think following ScottGems advice would be smart.

excon

ScottGem · Oct 30, 2007, 08:52 AM

I haven't a clue. You have to determine what court to file it in, then get it on the docket. Then your parents have to be subpeonaed to show cause whyt the court order shouldn't be granted. They might be required to bring the passport to court with them.

You may be able to get in on the docket quickly given your travel plans. But, as I amended my previous not to say, I'm not even sure if they can be compelled to turn it over.

That's why you need a lawyer or should talk to the State Dept.

akcmember · Oct 30, 2007, 08:53 AM

It's very valid here because it was also signed and stamped in the American Embassy in Cairo. I got an email from the US Consulate telling me all the documents are legal in the United States because they were signed in the embassy. How can I find a lawyer for this?

ScottGem · Oct 30, 2007, 08:53 AM

I would look for an immigration lawyer.

excon · Oct 30, 2007, 09:10 AM

Originally Posted by akcmember

It's very valid here because it was also signed and stamped in the American Embassy in Cairo. I got an email from the US Consulate telling me all the documents are legal in the United States because they were signed in the embassy. how can I find a lawyer for this?

Hello again, akc:

I understand that's what THEY said. However, it ISN'T so, unless a judge in your jurisdiction says it is, no matter who said what to who.

excon

tawnynkids · Oct 30, 2007, 10:20 AM

You can also contact lawyers and get free advice on what you can do. There may be an option they can offer you without requiring their services. Many lawyers do free consults so I would call around and see what they say.