- To obtain a
child’s passport, written consent is required from each person who has parental
responsibility for the child (usually both parents).
- If you are
not able to obtain the other party’s written consent you need to apply to the
Court seeking permission to travel internationally (this is so, even if you
have a Court Order for sole parental responsibility) as the Passport Office has
- If you wish
to prevent the other party taking a child overseas (if they have the child’s
passport) you will need to make an Application to Court seeking an Order
preventing the child leaving Australia.
This is called an “Airport Watch Order”.
- Once you
have an Airport Watch Order in place, if you agree in the future for the child
to travel overseas you need to apply to the Court before you propose to travel
and have the Airport Watch Order removed.
- Any Court
Applications regarding overseas travel need to be supported by Affidavit
material setting out various details of the proposed trip, the purpose of the
trip and other relevant matters.
- If you wish
to prevent a child being removed from Australia (if they do not yet have a
passport) you can make an Application to Court preventing a passport being
issued and preventing the child from leaving Australia.
- If you fear
that the other party may attempt to apply for an Australian passport without
proper legal consent you can lodged a “Child Alert Request” at any Australian
Passport Office. You will then be
notified of any passport application for the child.
caution needs to be exercised where the children are eligible or where they
already have a foreign passport.
A Child Alert does not prevent a child leaving Australia on a valid Australian
or foreign passport. It is recommended
that you contact the embassy of the relevant country if you think a passport
may be issued by another country.
- You should seek legal advice if you have a query about travelling internationally with children or considering relocating overseas with children.