Where a child under the age 18 years requires a passport, both parents (or any other person who has parental responsibility for that child) must provide consent by signing the child’s passport application.
However, if a parent has a Court order by which they have been granted sole parental responsibility for the child, then he or she is the only person required to consent to a child’s passport application.
When a parent whose consent is required refuses to sign a child’s passport application, two options exist to overcome this hurdle.
Option 1
The parent seeking the passport may make application to the Department of Foreign Affairs and Trade (www.passports.gov.au or phone 13 12 32) claiming special circumstances exist, dispensing with the need to obtain the refusing parent’s consent. Examples of special circumstances which may suffice include:
- urgent travel need of the child because of a family emergency;
- the existence of a family welfare order regarding the child;
- attempts to contact the refusing parent have been unsuccessful; and
- there is a family violence order against the refusing parent.
Please note a successful application to the Department of Foreign Affairs and Trade cannot be guaranteed.
Option 2
The parent seeking to travel can make an application to the Family Court of Australia or Federal Circuit Court of Australia seeking an order, dispensing with the need to obtain the refusing parent’s consent.
Before doing so however you may need to attempt mediation (also known as family dispute resolution) with the refusing parent.
For such an application to be successful, the court must be satisfied that it is in the best interests of the child to travel overseas. The Court will consider factors such as the following:
- the purpose and detail of the proposed travel (and itinerary if available);
- the immigration status of the people travelling;
- whether you are prepared to make a promise to the Court (an undertaking) that you will pay damages if the Court finds the other party has suffered as a consequence of the orders sought;
- what connection those travelling have to Australia;
- whether any travel warnings have been issued or whether the country being visited is a member of the Hague Convention; and
- whether you will provide security to the Court in the form of money to ensure your return.
Robinson Gill Lawyers can assist you in circumstances where the other parent refuses to sign a child’s passport application and you should not hesitate to contact one of our family law specialists by telephoning 03 9890 3321 or emailing legal@robinsongill.com.au.
Richard Bartram
October 2020