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Child Passports without consent from the ex
When applying for a child's passport, it is a requirement of the Passport Office that the child's parents, or any other person with parental responsibility, provide written consent to the passport being issued.
Obtaining the consent of the other parent is the easiest way to get a passport for your child, however this will not always be possible.
In circumstances where the other parent does not provide written consent, you can lodge a form with the Department of Foreign Affairs and Trade, setting out the reasons why you could not obtain consent and request that they consider the passport application, taking into account "special circumstances". Special circumstances may include:
- You have been unable to contact the other parent for a reasonable period of time;
- There is a family violence order against the other parent; or
- The child is the subject of a child welfare order.
If you are not able to show that special circumstances apply, or your request is unsuccessful for a different reason, you can make an application to the Court seeking an order which permits the child to travel overseas. The Court will only make such an order in circumstances where it is considered to be in the best interests of the child.
Court can be a long, stressful and expensive process, and there is no guarantee that you will achieve the outcome you were hoping for. The Family Law team at Wallace & Wallace Lawyers can assist you with all the steps along the way to obtaining a passport for your child, including writing to the other parent and providing assistance in completing forms.