Typically, obtaining a child’s passport is not as complex for adults with parental responsibility. Applying for children’s passports generally requires the consent of one parent.
However, passports are a common area of conflict between ex partners. When disputes arise and one parent objects, a court order may be necessary to acquire a passport for your child.
Who Can Apply for a Child’s Passport?
If you have parental responsibility for the child, you can apply for their passport. If you do not have parental responsibility, you need consent from the person who does have parental responsibility.
All individuals with parental responsibility must consent to the child obtaining a passport. Only one parent needs to apply for the passport, but both parents’ details should be on the passport application.
If no objection has been lodged with HM Passport Office by a parent, the passport should be issued. Consent is still required from all parents with parental responsibility.
It is possible for a parent to apply for a prohibited steps order to prevent the other parent from applying for a child’s passport and taking the child abroad. This helps to ensure that the best interests of the child are protected. It also stops one parent from making decisions without input from the other.
Parental Responsibility and Passport Applications
Parental responsibility refers to all rights, duties, powers, responsibilities, and authorities that, by law, a parent of a child has in relation to the child and their property.
A person with parental responsibility can make decisions about their child’s welfare, education, medical treatment, where and with whom the child should live, religious upbringing, and the ability for a child to change their name.
Parental responsibility is a key factor when applying for a child’s passport in the UK. Only parents with parental responsibility of their child can apply for a child’s passport.
Who Has Parental Responsibility in England and Wales?
For children with a mother and father, the mother automatically has parental responsibility for the child. If the father was married to the child’s mother or is listed on the birth certificate, it is likely he also has parental responsibility.
If the parents of a child were never married, the father can get parental responsibility by either:
- Jointly registering the child’s birth with the mother (applies from 1 December 2003)
- Obtaining a parental responsibility agreement from the mother
- Obtaining a parental responsibility agreement from the court.
Both parents have parental responsibility if they were married when the child was born, or jointly adopted the child.
If same-sex parents were married at the time of fertility treatment, both have parental responsibility. For example, donor insemination or fertility treatment.
If same-sex parents were not married, one parent may need to apply for parental responsibility.
How to Apply for a Child’s Passport as Separated Parents
A child under 16 years old must have permission from a person with parental responsibility for their passport application. A person with parental responsibility should apply for the passport on behalf of a child under 16.
Any parental responsibility orders, other court orders in place, or evidence of agreement should also accompany the passport application.
Separated parents both need to be named on the child’s passport. If this is not possible, you will need to provide an explanation as to why before issuing the passport.
When to Apply for a Child’s Passport
If a child has separated parents, it can take longer to apply for a passport. There may be additional documents you need to provide, or disagreements between parents around who retains the passport and whether the child should be taken abroad.
It is not uncommon for a parent to refuse a passport application. If you anticipate disagreements over the passport application, you should begin the process earlier to allow time for mediation and potential court proceedings.
What Happens When a Parent Refuses or Objects to a Child’s Passport Application?
To obtain a passport and take a child abroad, you must have written consent from anyone who has parental responsibility for the child. If you are planning to take the child to another jurisdiction and the other parent with parental responsibility objects, you may not be able to take them.
Typically, parents are concerned or deny the other parent this opportunity because:
- They are worried the child will miss learning at school
- The plans for travelling are incomplete or inappropriate
- They believe the other parent or the child is not well enough to go abroad
- They are uncomfortable with the child leaving the country without them or with their ex’s new partner
Concerns of abduction
A parent may also object to a passport over concerns of their child being abducted by the other parent. This is very serious and can lead to a passport order to seize the child and potential abductor’s travel documents.
If a child has already been abducted from the jurisdiction, an order can also be sought from the court for a release of the passport and to seize travel documents from the point of entry. A port alert will be raised to help stop the parent, and the parent at home would be alerted.
Applying for a court order
You should not take your child out of the UK without consent or permission from the court. This is considered a criminal offence.
However, if you have a ‘Child Arrangements Order’ (CAO) or a ‘live with order’ (residence order), you may be entitled to go to another jurisdiction for up to 28 days without requiring permission from the other parent, if the order allows this.
If you do not have a Child Arrangements Order, you will need consent from the other parent. If the parent will not give consent, this is when you will need to make an application to the court. The application will be under section 8 of the Children Act for CAO, or you can apply for a specific issue order. The court may then give you permission to take the child out of the jurisdiction for the purpose of a holiday.
The court’s concern is the child’s best interest, and it is unlikely that the court will stop a child going on holiday, particularly if the parent promises to return the child, and the child expresses a clear desire to go on the holiday.
Which Parent Should Look After Their Child’s Passport?
A passport is a legal document that belongs to the child. However, it is kept safe by the child’s parent(s).
Deciding which parent should have the child’s passport can be a pressing question for separated parents. Particularly when a child splits their time equally between households. The passport should move freely between parents when it is needed for identification or international travel purposes.
You should confirm an agreement as to which parent holds the passport and who can travel with your child(ren). Ideally, this would be agreed in advance in a Child Arrangements Order. However, if you cannot reach an agreement, mediation or a specific issue order may be sought.
A parent with parental responsibility can refuse to hand over the child’s passport or consent to international travel. When a parent withholds a child’s passport, you can make an application to the court for a specific issue order to attain the child’s passport.
Lost or stolen passports
If a passport is genuinely lost, you must report a loss to the police station so a replacement can be issued.
If you report a passport as lost or stolen, but know it is being withheld by someone, this is regarded as malicious cancellation. If your ex-partner is withholding the passport, this should not be reported as a stolen or lost passport.
Working With a Family Law Solicitor
Harbour Family Law is a trusted law firm in Bristol, Clevedon, and Portishead. We specialise in family law, and are committed to helping individuals with divorce proceedings, financial settlements, child arrangements, and collaborative practice.
If you are a separated parent needing to get a passport for your child, or a parent concerned by your ex-partner wishing to travel with your child, our experts can help you find a way forward.