Can my ex-partner obtain a passport for our child without my consent?.

With the summer fast approaching if you are a separated parent, you might often wonder what rights you have to make decisions regarding your child’s passport.

Questions you may have include who can apply or renew the passport, which parent keeps the passport safe, and whether both parents need to consent to obtain a passport for a child to then subsequently take them abroad?  

It is important that a child has the opportunity to experience holidays abroad so long as it is safe to do so. It can be a special time for children to relax and nurture their relationships with their parents and extended family, whilst enjoying the experience and culture abroad. At Lanyon Bowdler we understand that issues regarding children can be an emotionally charged experience; we have a range of specialist family lawyers who can assist with providing expert advice regarding your specific circumstances to ensure you are equipped to make the most informed decision for your child.

In the United Kingdom, only one parent with parental responsibility for a child is required to apply for a passport, unless there are specific requirements in law that requires the consent of more than one person. This means that either parent of a child can apply for a child’s passport and they do not need the consent of the other parent, or to even make them aware of the application.

There are many situations when it is advisable to obtain legal advice regarding your child if an issue arises regarding their passport or a holiday, such as:

1. If one parent applies for a passport without your knowledge or consent and you do not agree for your child to be taken abroad, or;
2. You fear that the child is at risk of being taken abroad without your consent and/or returning to your care, or;
3. One parent has informed you of a holiday but is withholding important information regarding the destination, dates of travel etc, or;
4. If a child already holds a British passport and one parent is refusing to hand over the passport to you in readiness of a holiday.

In all circumstances it will be pertinent that you obtain legal advice in good time prior to the proposed holiday taking place. The Passport Office (HM Passport Office) cannot compel one person to surrender a passport, nor can they cancel a passport application on behalf of a child by the other parent. If the parents cannot agree on a way forward, in the best interests of the child, then an application to court is needed for the situation to be looked at in more detail and resolved.

A court order will not necessarily prevent a parent from obtaining the passport or, preventing the child being taken abroad. However, the court will consider safeguarding enquiries and listen to both parents in order to understand both parent’s views surrounding obtaining a passport and the proposed holiday. At each stage of the court proceedings it is beneficial for both parents to agree the arrangements moving forward. The court order can include specific provisions to ensure both parents concerns are addressed such as:

1. Directions as to who will keep the passport safe day-to-day and when the passport should be handed over to the other parent before the holiday and returned to the other parent after the holiday;
2. Confirmation of the holiday destination, dates of travel, flight numbers and emergency contact details;
3. Confirmation of the amount of notice each parent needs to give to the other before booking a holiday abroad.

It is important that you seek legal advice as soon as you are aware that difficulties could arise in respect of obtaining a passport or going abroad. This is because the court timetable can be unpredictable and it is beneficial to ensure enough time is given to resolve the issue, to avoid the holiday being missed/cancelled. Please see our blog regarding the issues to consider when travelling with a child https://www.lblaw.co.uk/knowledge/blog/travelling-with-children-legal-issues-to-check/