it is a criminal offence to take a child out of australia without the other parent’s consent or court orders.
where both parents consent
To obtain a passport for a child under 18 years, the written consent of all persons with a caring responsibility for the child (that is a parent, or a parent who has a parenting order or has parental responsibility for the child, or a guardian of the child) is needed. Each child must be issued with his or her own passport.
To apply for an Australian passport for a child under 18 years, the parent should complete the Australian Passport Child Application Form.
The following documents must also be provided with the application:
- The child's full birth certificate as well as any previous Australian passport that they may have had;
- If the child was born in Australia, you will need to provide an original document that confirms one pare nt's Australian citizenship or permanent residency at the time of the child’s birth;
- If the child does not have an Australian birth certificate, you will need to provide the child's full overseas birth certificate (with an English translation if necessary) and proof of the child's Australian citizenship;
- If the child was born overseas and has no birth certificate, complete Form B6 (Child Born Overseas and No Birth Certificate) (which can be downloaded from the Passports’ website);
- If you are presenting court orders with the application, you must complete Form B7 (No Further Court Orders) (which can be downloaded from the Passports’ website); and
- You may also be required to complete a General Declaration form in order to provide additional information on a particular issue.
Applications should be personally lodged at an Australian post office.
If one parent refuses to give their consent for a passport to be issued to their child, the other parent can make an application to the Court for an order that a passport be issued despite
the other parent’s refusal to consent and sign. Passports Website
The Affidavit accompanying the Application should address the reasons for seeking the passport, including the details of any proposed trip.
If the whereabouts of the non-consenting parent are unknown, the Applicant should also seek an order dispensing with service.
The court's power to permit a child’s passport to issue, under the Family Law Act, either as an injunction or a parenting order (or an order about the welfare of a child).
A passport can still be issued to a child in certain “special circumstances”,even when full consent has not been obtained. Special circumstances include:
When one parent is deceased (a death certificate would have to be lodged);
- When one parent cannot be contacted; or
- Only the mother is named on the birth certificate.
An application can be made to the Approved Senior Officer for a Waiver of Consent by completing Form B9 (Child Without Full Parental Consent) (which can be downloaded from the Passports’ website).
Where the father is not named on the birth certificate, a Form B8 (Mother’s Name Only on Child’s Birth Certificate) (which can be downloaded from the Passports’ website) should be completed.
If there is a possibility that a child will be removed from Australia, an application can be made to the court to make an order for the surrender of the child’s existing passport. An Affidavit stating the facts relied on must also be filed. The Orders may be made alone, or together with interim or
final parenting orders (for example, an order restraining the removal of a child from the country, or seeking orders for approval to take the child overseas).
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.