Obtaining A Passport For Your Child After Separation Or Divorce

Does a child need their own passport?

Every person, including children and babies, must have their own passport in order to travel overseas.

Who needs to give consent for a child to obtain a passport?

Persons having parental responsibility for the child must give their consent in writing.

What is parental responsibility?

This is defined by the Family Law Act 1975 as referring to “ … all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” This obligation continues until the child reaches 18 years of age.

What if I can’t obtain the other parent’s consent?

It might be difficult to obtain the other parent’s consent, and accordingly, there may be special circumstances that allow for the passport to be granted. If you want your child to have a passport and are having trouble obtaining the other parent’s consent, you should seek family law advice from a very experienced family lawyer in Perth.

What happens if there is a flight risk

In some cases, a parent may be concerned that the other parent could take their child outside of Australia without permission. Under the Family Law Act 1975, if the court considers there is a flight risk that a child may be removed from Australia, it may order travel documents to be handed over.

Prior to your appointment, we invite you to send us an email, or similar outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice from a highly experienced family lawyer. We are a long-established and boutique family law firm. We work exclusively in family law. Our Legal Practitioner Director Shannon Bodekers has been working almost exclusively in family law for more than 20 years.

Contact our Legal Practitioner Director Shannon Bodeker or visit here to learn more.

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