Author: Carol Pages, Pages Family Law.
Planning Overseas Travel After Separation
If you’re separated or divorced and planning an overseas trip with your children, you may find that obtaining their passports is not always straightforward. In Australia, both parents generally need to give consent before a child’s passport can be issued. Here’s what you need to know, and how to make the process as smooth as possible.
Applying for a Child’s Passport
To obtain an Australian passport for a child under 18, both parents (or all people with parental responsibility) must sign the application and provide consent. This rule applies even if one parent has day-to-day care of the child.
Can my Child Get a Passport Without the Other Parent’s Consent?
If the other parent refuses to consent, or cannot be contacted, you still have options. A passport may be issued if you have:
- ● A parenting order (including consent orders) that allows the child to be issued a passport, travel overseas, or live/spend time outside Australia; or
- ● Approval from the Passport Office under “special circumstances.”
You can read more about these requirements here: Parental consent | Australian Passport Office.
Special Circumstances Applications
If you can’t get parental consent from the other parent, and you don’t have parenting orders which cover passports or overseas travel, you may be able to apply for a passport under special circumstances.
Examples include:
- ● The other parent cannot be contacted or is incapable of providing consent; or
- ● There are urgent family reasons requiring international travel.
The relevant form from the passport office is available here: Incomplete consent | Australian Passport Office.
Children’s passports in Family Court Matters – When to Apply to the Family Court
If your application under special circumstances is not approved, or there’s an active airport watchlist order or ongoing dispute about parenting, you may need to apply to the Family Court or Federal Circuit and Family Court of Australia.
It’s best to seek specific legal advice before filing any application. In many cases, your lawyer may be able to resolve the issue without going to court.
Case Study: When a Parent Refuses to Sign
Our client Bree had been separated from Rob for many years and was now remarried. She and her husband planned an overseas family trip with Bree’s children, Max (13) and Sophie (15).
There were no parenting orders in place, but Rob regularly paid (and sometimes fell behind on) child support.
Bree sent the passport applications to Rob well in advance. He signed both forms, but Sophie’s application was rejected by the Passport Office due to a paperwork issue. When Bree resubmitted it, Rob refused to re-sign, angry that his tax refund had been intercepted to pay child support arrears.
Bree contacted us in distress, worried Sophie would miss the trip. We were able to negotiate directly with Rob and resolve the issue without court proceedings. Sophie’s passport was issued, and she joined her family on the holiday.
(Names have been changed to protect confidentiality.)
Tips to Avoid Passport Disputes After Separation
Passport disputes can be stressful, time-consuming, and expensive. Here are some practical steps to help prevent issues down the track:
- Formalise your parenting agreement.
Even if things are amicable, consider turning your informal agreement into Consent Orders. Include a clause about passports and overseas travel.
For more, see our earlier article: Parenting after separation – What’s the best way to document your agreement? - Start early.
Passport processing times vary, and special circumstances or court applications take longer. Start well before booking flights to avoid cancellation fees or lost deposits. - Communicate clearly.
Provide the other parent with your travel itinerary, dates, and destinations. Many disputes arise simply because one parent is uncertain about travel plans or worried the child may not return.
Final Thoughts
If you’re separated and planning travel overseas with your child, it’s essential to understand your legal obligations around passports and consent. Early planning, open communication, and legal advice where necessary can save significant stress and expense.
If you need guidance on passport issues or travel disputes after separation, our experienced family law team can help you find a practical solution without unnecessary conflict.
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
