Child Passports After Separation
How Can I Obtain a Passport for My Child After Separation
Before obtained a child’s passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain a passport to receive consent from the other parent. However, this will not always be possible.
In circumstances where the other parent refuses to provide written consent or does not show any inclination of supporting the allocation of the passport, you can lodge a form with the Department of Foreign Affairs and Trade. This application should set out the reasons why you could not obtain consent, and, request the Department considered the passport application by taking into consideration “special circumstances”.
These special circumstances may include:
- You were unable to contact the other parent for a reasonable period of time;
- Whether there is a family violence order against the other parent; or
- Whether the child subject to a Child Welfare Order.
What if the Application is Unsuccessful?
If you are unable to show that special circumstances are applicable to the situation or your request is unsuccessful for a different reason, you can make an application to the Court. This application will seek an order which permits the child to travel overseas. However, the Court will only make such an order in circumstances where it would be considered to be in the best interests of the child.
As Court litigation can be a long, stressful and often expensive process, it is best to seek legal advice regarding your position before an application is made to the court. This is crucial as there is no guarantee the court will impose a positive order, despite you having a convincing case.