Signatures of both parents needed to get Passports for Children – Fact or Fiction?

 
If you are unable to get your not so co-operative other parent to sign off on a passport ... don’t lose hope!  

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Question: Fact or Fiction – You need the consent of both parents to obtain a passport for your child?  

Answer: FICTION 

Not the answer you thought? Let me take you through some things…


Rule of Thumb

The general rule of thumb is that you need one of the following to apply for a passport for a child: 

  1. The written consent of the person or persons that have parental responsibility of the child; or 

  2. The written consent of the BOTH the child’s parents; or  

  3. An Australian Court Order permitting the child to have an Australian Passport.

If you are unable to get your not so co-operative other parent to sign off on a passport and do not really want to go to the trouble and / or expense of making an Application to the Family Court, then don’t lose lose hope!  There are exceptions to this general rule. Yes, you heard me, there are exceptions.  

The exceptions?  

You need to be able show that there are special circumstances. Special circumstances can include (but are not limited to): 

  1. An inability to contact the non-consenting parent for a reasonable period of time. 

  2. If there is a family violence order against the non-consent parenting. 

  3. The child is the subject of a welfare order (i.e. child protection).  

If you fit into one of the above categories you need to complete and lodge a Form B9-Child Without Full Parental Consent.  

Now remember – there is no guarantee that your application will be approved. If the delegate deciding the fate of your application can decide to either issue, not issue (because they do not believe special circumstances exist) or refuse to exercise discretion because they are of the view your Application should be dealt with by a Court.  

What if my Application is rejected?

If your application is rejected because it is considered there are no special circumstances – you CAN have that decision reviewed.  

Depending on your circumstance, you may or may not need to speak to a lawyer.  

It is definitely worth your time speaking with a lawyer to speak about your options particularly if you do not fall into that category of “special circumstances”.  


Where to from here? 

You are probably in one of three head spaces right now: 

  1. You liked the information, you found it interesting - but that’s all you wanted for now.

  2. This blog post resonated with you but you are just not ready yet to do anything and just want to look at more information about Family Law – I suggest you look at the other Free Information we have on our website which includes FAQ's as well as Helpful Links and Contacts that may come in handy.

  3. You are wanting more information about what you need to know after separation or you are ready to do something about your problem right now. If that is the case, then book an appointment with one of our Family Law solicitors by clicking here to make an online booking or why not start online!