Can You Get a Child Passport Without Father’s Consent?

Can you get a child passport without father’s consent? The simple answer is no. Australian family law mandates that each person who has a parental responsibility for a child must give their consent to an Australian passport application. 

Under Section 61B of the Family Law Act 1975, parental responsibility means “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” Thus, a child who is under 18 years of age is under the parental responsibility of both parents. This is what we call the presumption of parental responsibility. 

However, in some cases, parenting orders bestow upon a specific parent the parental responsibility for a child. Moreover, this parenting order specifies:

• who the child lives with,
• the allocation of parental responsibility,
• the method of communication by the child with the other parent,
• the dispute resolution process, and
• any other matters concerning child care, welfare or development, or other aspects of parental responsibility.

In this article, we will discuss the consent requirement of getting a child passport in Australia. Furthermore, we will also include other alternative requirements, in case the parent cannot obtain full consent.

Getting a Child Passport Without Father’s Consent

If you’re getting a child passport without father’s consent in the passport office, you have two options:

1. An Australian court order that allows the child to have an Australian passport, travel internationally, or live or spend time with a person outside Australia, or
2. Claim special circumstances.

Australian Court Order for Child Passport Without Father’s Consent

This Australian court order will serve as a permit for your child to travel internationally. This court order will take effect even if the consent of the other parent or person who has parental responsibility is lacking. For you to get this court order, you must file an application with the Federal Circuit and Family Court Australia. You have two options:

1. If you don’t have an ongoing family law proceeding, file an Initiating Application (Family Law).
2. If you have an ongoing family law proceeding, file an Application in a Proceeding or amend your Initiating Application or Response.

Thereafter, you must include an Affidavit – Family law and child support in your application. Specifically, this is a statement of facts that are relevant to your travel. Here are some points that you should include in your affidavit:

• the details and purpose of the proposed travel, including a copy of the itinerary (if you have one)
• connections of the people travelling have to Australia
• whether the country being visited is a member of the Hague Convention or if any travel warnings have been issued
• the immigration status of the people travelling
• whether you are willing to provide an undertaking to the Court to pay any damages which the Court may decide another party has suffered as a result of the order requested
• whether you are willing and able to provide a monetary sum as security.

The list above is not exclusive. Meaning, you have to include any and all relevant facts and circumstances to your travel. Moreover, if you have a parental responsibility over a child who has left Australia without your consent, you must contact the Commonwealth Attorney-General’s Department on 1800 100 480

MORE INFORMATION: Applying for Family Law Court Orders

Claiming Special Circumstances for Child Passport Without Father’s Consent

If you can’t get an Australian court order, fret not! You still have another option. You can claim special circumstances. This is the last resort. Hence, if you can’t get full consent and you don’t have the court order, you can now claim special circumstances. Now, what are these circumstances and why are they special?

The Australian Passports Act 2005

Under the Australian Passports Act 2005, Section 11 of the Act strictly states that the Minister will not issue an Australian travel document to a child if there is no consent from persons having parental responsibility or if there is no Australian court order permitting such travel. 

Here, the Minister may still issue a child passport without father’s consent if the following factors are present:

1. there are circumstances specified in a Minister’s determination as special circumstances; 
2. the Minister is satisfied that the child’s physical or psychological welfare will be negatively affected if the child will not be allowed to travel internationally; or
3. the Minister is satisfied that:
   • the child urgently needs to travel internationally due to a family crisis; and 
   • the person who cannot give the consent is impossible to reach within a reasonable period. 
4. if the child is outside Australia:
   • the child departed from Australia less than 12 months before the application for the Australian travel document was made and
   • the Minister considers the necessity of the issuance of a travel document to enable the child to return to Australia.

The Australian Passports Determination 2015

The Australian Passports Determination 2015 enumerates these special circumstances that allows you to get a child passport without father’s consent:

1. The Minister has not been able to contact the non‑consenting person for a reasonable period;
2. The non‑consenting person is either or both missing or presumed dead;
3. The non‑consenting person is medically incapable of providing consent;
4. There has been no contact between the child and the non‑consenting person for a substantial period before the application is made;
5. The non‑consenting person:
   • is not an Australian citizen; and
   • is separated from a person who has parental responsibility for the child and has consented to the child having an Australian travel document; and
   • has not had contact with the child since the child arrived in Australia;

6. A family violence order has been issued against the non‑consenting person;
7. If the child is outside Australia, there is evidence of family violence.

To claim special circumstances in getting a child passport without father’s consent, you must fill out the following forms in addition to your passport application form:

1. If the child’s birth certificate only names one parent and there’s no Australian court order that relates to parental responsibility or guardianship for the child – B8 – One parent only on child’s birth certificate
2. If there’s a court order from an Australian state or territory court transferring parental responsibility or guardianship under child welfare law – B10 – Child subject to a state/territory child welfare law
3. All other situations, a separate B9 form for each person with parental responsibility who does not give their consent – B9 – Child without full parental consent

MORE INFORMATION: What To Do If There Is Incomplete Consent?

Questions on Family Law Disputes?

Online information regarding legal matters, such as family law cases and getting a child passport without father’s consent, are often incomplete and generic. That’s why the best option is to have a consultation with a family law expert from JB Solicitors who can substantially answer your legal questions about the Australian family law. 

We can give you legal advice based on your specific circumstances and assist you in any legal or court processes, if necessary.

Contact us today to know more if you need help with your child’s passport application or if a parent refuses