Anytime a parental figure or legal guardian wishes to take their child for international travel, permissions are required from the other parental party. Not only is this a legal obligation, but for an Australian passport to be issued there needs to be written consent from both parental parties. If there is written consent from both parties, the passport application will proceed as normal. If there is a discrepancy or disagreement/lack of written consent – a parental party can make a formal request to the Approved Senior Officer of The Department Of Foreign Affairs or apply for a court order to entail ‘special circumstances’ be considered for approval.
If you are considering international travel, it is best to discuss this as early as possible with the other party and obtain any relevant permissions and information. If you are worried about your child being taken overseas without permission, you have the option of applying for a number of court orders of prevention of passport approval or applying for a special court ordered travel ban until the matter is resolved.
It can be complex, but as experienced family lawyers in Sydney, we have the resources and expertise to represent your child’s best interests in matters relating to international travel.