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Obtaining a passport for children of parents that have divorced or separated can be tricky depending on the cooperation of both parents. Although sometimes difficult, it is possible even if one of the parents refuses to sign the passport application form by understanding the legal process.
If you are concerned about your child not being able to travel you should talk to our family lawyers. We can advise you of the proceedure to ensure you obtain the passport and give you the opportunity for your children to travel internationally.
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Our team have successfully obtained passports for clients children.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them./p>
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
Passport basics
Before a passport may be issued to a child, the written consent of all people with parental responsibility for the child is needed. In other words, both parents must agree to and sign the application form for a passport.
If a child is in the care of the Department for Child Protection and Family Support, the CEO of the Department can consent to a passport being issued for the child.
Getting the passport
You should contact the child's other parent and ask them to give written consent for a passport to be issued for your child and sign the passport application. You should let them know the reason why you want your child to have a passport. If you are intending to travel overseas you should clearly set out the proposed dates of travel.
The Family Court requires that you make a genuine attempt to reach an agreement before asking the Court to make orders. Making an agreement outside of Court also saves you money, time and the emotional stress of a Court case. There are exceptions to this, for example, where there has been or is a risk of family violence or child abuse or where something is very urgent.
Refusing consent
If the other party refuses to give their consent and you do not fall under an exemption from the Australian Passport Office you can ask the Family Court to make an order allowing you to get a passport for your child. In most cases you will need to attend Family dispute resolution before applying to the Court. Generally mediation should be attempted before applying to the Court.
In most cases people with parental responsibility are the natural parents named on the child's birth certificate, and parental responsibility can only be removed by an Australian Court. However, where the father is not named on a child's birth certificate but has formally acknowledged paternity by signing a document to this effect, he has parental responsibility for the purposes of the Australian Passports Act 2005 (Cth) and is required to provide consent prior to the issue of a passport.
Stopping the other parent applying for a passport
If the other parent requests your written consent for a passport to be issued for your child and you do not want a passport issued you should write to them explaining the reasons why you do not want your child to have a passport.
If you cannot agree you may be asked to attend mediation. The Family Court requires that you make a genuine attempt to reach an agreement before asking the Court to make orders. If you still cannot agree the other person can apply to the Family Court for an order that a passport be issued for your child without your consent.
If your child does not have a passport, but you think there is a risk that the other parent might try to falsely obtain a passport (for example by forging your signature) you can apply for a child stop alert. A child stop alert will ensure that you are notified if someone tries to get a passport for your child.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
Our process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
PASSPORTS
Passports
Before a passport may be issued to a child, the written consent of all people with parental responsibility for the child is needed. In other words, both parents must agree to and sign the application form for a passport.
If a child is in the care of the Department for Child Protection and Family Support, the CEO of the Department can consent to a passport being issued for the child.
Getting the passport
You should contact the child's other parent and ask them to give written consent for a passport to be issued for your child and sign the passport application. You should let them know the reason why you want your child to have a passport. If you are intending to travel overseas you should clearly set out the proposed dates of travel.
The Family Court requires that you make a genuine attempt to reach an agreement before asking the Court to make orders. Making an agreement outside of Court also saves you money, time and the emotional stress of a Court case. There are exceptions to this, for example, where there has been or is a risk of family violence or child abuse or where something is very urgent.
Refusing consent
If the other party refuses to give their consent and you do not fall under an exemption from the Australian Passport Office you can ask the Family Court to make an order allowing you to get a passport for your child. In most cases you will need to attend Family dispute resolution before applying to the Court. Generally mediation should be attempted before applying to the Court.
In most cases people with parental responsibility are the natural parents named on the child's birth certificate, and parental responsibility can only be removed by an Australian Court. However, where the father is not named on a child's birth certificate but has formally acknowledged paternity by signing a document to this effect, he has parental responsibility for the purposes of the Australian Passports Act 2005 (Cth) and is required to provide consent prior to the issue of a passport.
Stopping the other parent applying for a passport
If the other parent requests your written consent for a passport to be issued for your child and you do not want a passport issued you should write to them explaining the reasons why you do not want your child to have a passport.
If you cannot agree you may be asked to attend mediation. The Family Court requires that you make a genuine attempt to reach an agreement before asking the Court to make orders. If you still cannot agree the other person can apply to the Family Court for an order that a passport be issued for your child without your consent.
If your child does not have a passport, but you think there is a risk that the other parent might try to falsely obtain a passport (for example by forging your signature) you can apply for a child stop alert. A child stop alert will ensure that you are notified if someone tries to get a passport for your child.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
If you are seeking a passport for your loved one you may have questions.
Some of the most popular ones past clients ask are listed below.
Can my child apply themselves for a passport?
No, a parent or other person with parental responsibility for a child must apply for a child's passport. A child is defined as an Australian citizen under 18 years of age who has never married.
What do I need to do to get a passport for my child?
Before a passport may be issued to a child, the written consent of all people with parental responsibility for the child is needed.
The other parent is not cooperating, can I still get a passport?
I think my partner is going to abduct my kids, can I stop the passport being issued?
Get the best possible outcome with our team.
Some recent outcomes are below.
Outstanding Trial Result – Perth Man
After trial in the Family Court of WA, Perth man who was a 66 year old man retained an overall percentage division of 90%. His former wife, a 44 year old woman retained 10%. This was a short marriage with no children of the marriage. There were few non-financial contributions, if any. Perth man made the overwhelming financial contributions in this marriage, both initially and during the marriage.
Negotiation Master Class – Perth Woman
After negotiations and an informal conference, a 49 year old woman, obtained her desired outcome from a 7 year defacto relationship with a 48 year old man. She made the majority of the homemaker and nonfinancial contributions throughout the relationship, and there were no children. Legal costs were kept to a minimum throughout these negotiations.
Agreement Made – Perth Woman
After negotiations, the parties reached an agreement and Perth man, a 56 year old women retained 71% of the asset pool. Perth man was married to the husband, a 49 year old man, for 29 years. There were 2 children of the marriage, both over 18 years. Perth man had severe health issues which impacted on her ability to work and the husband was on a high income.
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