Breaking Down Passport Myths in Family Law: What can you do when your ex is refusing to sign off on Passport forms for your child?

Applying for a Passport for your child can be a complex process, especially when your ex is refusing to consent. At First Choice Family Lawyers, led by Londi Gramelis, we are here to guide you through this process. From understanding parental responsibility to managing disagreements, here’s a clear guide to help you handle Passport Applications smoothly after separation.

Family Law - Ex not signing passport for my child

Understanding Parental Responsibility: It’s More Than Just a Label

Separation does not change the basic responsibilities you and your ex have as parents. Regardless of your separation, both parents still need to provide written consent for your child to be issued a Passport. This rule holds true even if you have a more significant role in decision-making or, your ex has less time with your child.

Parents are often mistaken in thinking that Court Orders which grant them sole parental responsibility (i.e. the responsibility to make important, long term decisions for children without the other parents consent) means that they are able to obtain Passports for their children on their own. This is not true.

Even if you have sole parental responsibility for your child, you still require a Court Order specifying that you are able to sign off on a Passport Application on your ex’s behalf.

What to Do When a Parent Refuses to Sign

If you are facing a situation where your ex is refusing to sign a Passport Application, don’t panic. Consulting with highly experienced family lawyers, like First Choice Family Lawyers, is essential. They can help you understand your options such as mediation and, if that’s unsuccessful, then your rights and entitlements in Court.

If Court is unavoidable, a Judge will consider whether issuing a Passport is in your child’s best interests. The Court may take into consideration your child’s views, the reason for the travel, any safety concerns raised by your ex, your child’s emotional and psychological wellbeing, and the impact travel would have on your child’s time with your ex.

Handling Passport Applications amidst separation can be challenging, but you don’t have to face it alone. At First Choice Family Lawyers, we’re committed to providing the reliable advice and support you need.

Need Assistance? We’re Here for You!

Contact Us Today on (02) 9579 5555 or Email Us at info@firstchoicelaw.com.au