In this edition of It depends, associate Hannah Flanderka discusses whether you can apply for a passport for your child without the other parent's consent.
Video Transcript
Hello there. My name is Hannah Flanderka, and I am an associate in the family law team at Cooper Grace Ward. In today's video, I thought we could have a look at the question of 'can I apply for a passport for my child without the other parent's consent?' And, as you may have guessed from our various videos, the answer is it really depends.
What are my current circumstances?
So, there's a few questions to ask yourself from the beginning. The most important first question is 'what are my current circumstances?' Are there consent orders in place which deal with the issue of overseas travel, of passports specifically? Usually, a consent order that's made on a final basis, that would be something you'd want to include, and more likely than not, it will be a joint process that you do apply with the other parent. But sometimes one parent can be given what's called sole decision making about the issue of overseas travel or including applying for a passport.
What can I do without a court order?
So, assuming you've had a look at that and there's nothing in any orders about overseas travel, passports, the like, what can you do? Well, in the absence of an order, the starting position under the Family Law Act, is that both parents will have parental responsibility. That doesn't necessarily mean that it's joint and you don't still get to have some say, but it is the starting point. And on that basis, the law really about passports is that you need the other parent's consent. So, the other parent doesn't have to consent, and if they're deciding to be difficult or if there's other issues going on, then there is still the possibility you can apply and, obtain successfully a passport for your child. But you have to satisfy some very specific, special circumstances. And I would recommend that you have a look at those categories and get some legal advice if you're not sure where you fit in.
What else should I consider?
On a final note, one other hurdle that you'll need to consider is what steps that the other parent could take if you're trying to apply without their consent for the passport. One of the first things to consider is are they likely to bring proceedings over the issue? Or if you're already negotiating consent orders or doing some steps for parenting matters, is this something that you really should ideally try and resolve with them without opening up the issue for dispute? One other thing to consider is, regardless of whether you have orders in place or not, or if there's proceedings on foot, it's possible for one parent to lodge what's called a child alert request with the Australian Post Office, for example, or to seek orders of a similar nature, which will have the effect of, either potentially preventing the application for a passport, or at least causing some hurdles along the way by making it a bit more difficult to satisfy the department of Foreign Affairs that a passport should be granted to your child.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
