Before obtaining approval for a child passport, the Passport Office requires the child’s parent and/or any other person with parental responsibility to provide written consent for the passport being issued. Therefore, the easiest way to obtain a passport is to receive consent from the other parent. However, this will not always be possible.
Child Passport on Special Circumstances
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 an application 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 to consider the merits of providing approval to the passport application by taking into account the “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 passport is subject to a Child Welfare Order.
What if the Child Passport 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 passport 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.
Read More: Payment and Recovery of a Child Support Debt
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.
Need Legal Help?
If you need help, please contact the Best Brisbane Family lawyer team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced and Best Family lawyers Brisbane.
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- What Are Considered The Best Interests of the Child?
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- The different types of Child Support Arrangements.
- Parenting Plan About Future Care Arrangements for your Children.
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- Learn about Family court portal.
- Family Law act 1975.