Navigating international travel with children can be complex, especially when parents are separated.
The first step is to obtain a passport for the children. To apply for a passport for children, the applicant normally must have parental responsibility for the child and have the consent of any other party who has parental responsibility for the children. If there are no Court Orders or Consent Orders, the people with parental responsibility are the parents listed on the child’s birth certificate (eg. mother and father).
If this approval from the other party is not forthcoming, options are available through the Department of Immigration and through the Federal Circuit and Family Court of Australia.
The second step is to obtain the consent of any other party to any existing family law parenting orders (unless those orders override the necessity of consent).
There are Court Orders for joint parental responsibility but the other parent won’t sign the passport application, can I still apply for a passport?
If the Court Orders include an order for the child to have a passport, but the other parent won’t sign the application, you can make an application to the Federal Circuit and Family Court of Australia.
If the Court Orders do not include an order about the child having a passport, and the other parent does not sign the passport application, you can make an Application to the Federal Circuit and Family Court of Australia, or make an application under special circumstances to the Passport Office.
Please contact us to obtain advice on which application is best in your specific circumstnaces.
I have sole parental responsibility or sole decision-making power for my child, can I get a passport for my child?
Yes, complete passport application and provide a copy of the Court Orders which give you sole parental responsibility.
What if there is only parent on the birth certificate?
If there is only one person listed on your child’s birth certificate, along with the usual applciation form, you must also complete Application for an Australian Travel Document Form B8.
I have a passport for my child, can I take them overseas without the consent of the other parent?
If you don’t have Court Orders, yes. Although we recommend that parents communicate and obtain consent from the ther parent prior to any international travel.
If you do have Court Orders, you can only take your child overseas in accordance those Orders. If your Court Orders say nothing about overseas travel, you cannot take your children overseas without the consent of the other parent.
Without the consent of the other parent and without travel occuring in accordance with your Court Orders, you will be committing an offence by taking your children overseas.
It is important ensure that you know where you stand in obtaining a passport for your child and obtain the other parent’s consent to your child’s travel (or ensure any travel is only in compliance with Court Orders if they do not consent) as you run the risk of committing an offence punishable by fine or imprisonment.
If you would like more information on how to chart a course through these issues please contact us at Freedom Family Law on 07 5409 8000 for a free initial consultation or book online.