New laws relating to children’s passports may affect separated parents who want to travel overseas with their child. Dobinson Davey Clifford Simpson here highlights some of the issues.

What if the other parent agrees for our child to get a passport?

In this case, you don’t need to apply to the courts for parenting orders – both parents can sign the application for issue of the passport, and either parent can travel with the child on that passport.

What if the other parent doesn’t agree (or can’t be contacted) to consent to the child’s passport application?

In these cases, the Minister for Foreign Affairs is prevented from issuing a passport to a child unless there is parental consent, or a family law court order permitting the child’s travel.

The Minister also has a discretion to issue a child’s passport without the other parent’s consent and without an order of the Court in some urgent and special circumstances (such as a family crisis, where it is not possible to contact the other parent in time for their consent).

What if I don’t want my child to go overseas with the other parent, with or without a passport?

You can still apply to a family law court to stop a child from travelling. In very urgent cases, restraining orders can be made without notice to the other parent, and an airport stop can be issued by the courts.

Dobinson Davey Clifford Simpson are specialist family lawyers, and understand your parenting concerns. We are up to date with changes to the law in this area, and can respond quickly to emergencies.

For any concerns about your child travelling overseas, please call us on 6212 7600.