Child Passport After Divorce

Divorced and both parents agree

Before an Australian passport can be issued, there needs to be written consent from both parents of the child. Both parents need to sign a child’s passport application form.

 

In most cases, this is usually the natural parents of the child as stated on the child’s Birth Certificate.

 

If written consent is provided by each of the parties with parental responsibility, applications can be lodged at an Australian Post Office or any Australian Passport Office.

 

Even if the parties are divorced, you can still get a passport for your child this way through both signing and lodging as per usual. The divorce doesn’t change the fact that both signatures are required, even in the case of one parent having an order for sole parental responsibility.

 

‘Sole parental responsibility’ grants power for ‘long term decisions for the child’ but does not remove the other parent’s parental responsibility.

 

The reason the law needs each party with parental responsibility to give written consent is to prevent the abduction of children of divorced households.

Divorced and one parent does not agree

A parent can refuse to give written consent for the passport application.

 

If this is the case, you can still try to get the passport for your child. You have two options:

 

Option 1 – Make a written request to the Approved Senior Officer of the Department of Foreign Affairs and Trade to consider approving the child’s passport due to ‘special circumstances’

 

When making your request you should include:

 

  • A copy of the letter sent to the other parent requesting their written consent for the child’s passport application
  • A certified copy of the child’s Birth Certificate
  • A copy of the travel itinerary and plane tickets if you have already booked travel
  • A certified copy of the final Court-made parenting order

 

Option 2: If the Australian Passports Office do not approve the ‘special circumstances’ request, you can apply to the Court for an order granting permission for the child to obtain a passport

 

  • Most cases will require you to attempt mediation before making an application to the Court.
  • If mediation if unsuccessful, you can file an Initiating Application.
  • You will need to include an Affidavit in support of the Application, including all the relevant facts that will help your case
  • Ensure you also file an Affidavit of Service to prove to the Court that the other parent was filed the documents
Divorce
How To Get A Divorce?
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Child Custody
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Where Will My Children Live?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Visitation Rights
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Child Going Overseas?
What is Supervised Contact?
Child Passport After Divorce
Property Settlement
How Much Will I get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
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What Are The Pros and Cons of Financial Agreements?
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Consent Orders
Why do I need Family Court Consent Orders?
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Breach of Consent Orders
Child Support
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Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
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Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
De Facto Relationships
Definition of De Facto Relationship
Rights in a de facto relationship
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