Applying for your child’s passport after separation can be difficult to navigate, particularly where there has been family violence. This resource guides you through the process and understanding consent requirements.
On this page you will find an overview of the information in our ‘Applying for Your Child’s Australian Passport’ resource. To read the full resource, click on the ‘Download Full Resource’ button below.
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Your child’s passport is an important document. If your child has a passport, it is important to consider who is holding it to keep your child safe.
If your child does not have a passport, you must apply for a passport if you want to travel overseas. The application usually requires both parent’s consent and signatures. However, if you have separated due to family violence, it may not be safe or appropriate to get the other parent’s consent when applying for a passport for your child.
The information below will help you understand what you can do if you are in this situation, and the issues you will need to consider when seeking an Australian passport for your child.
When you want to apply for an Australian passport for your child, you usually need consent from the other parent. If it is unsafe or not appropriate to contact the other parent due to family violence, there are steps that you can take to get your child a passport, particularly when there is a Family Violence Intervention Order (IVO) in place.
You may be able to apply without the other parent’s consent if you meet specific criteria. Be aware that applying under special circumstances, even with strong evidence, does not always guarantee that a passport will be granted without both parent’s consent.
If there is a family violence order (IVO) in place protecting the child or applicant parent.
A court order explicitly states you have sole parental responsibility regarding travel/passports.
The other parent has had no contact for a substantial period and their location is unknown.
Where the other parent is deceased.
You will need to complete a B9 form online (www.passports.gov.au). This form will ask you details about your family violence and you will need to provide evidence to support your claim of family violence, such as:
If you do not have sole parental responsibility and the other parent is actively refusing consent, you may consider going to the Federal Circuit and Family Court of Australia and making an application for an order permitting the issue of a passport.
It is important that you speak with a lawyer before you decide to go to court.
Complete the standard Australian Passport Application online. When asked for consent, indicate that you cannot obtain it.
You will need to complete
Form B-9: Application for an Australian Travel Document: Child Without Full Parental Consent.
Attach certified copies of all relevant court orders (Family Law or Intervention Orders).
You may need to provide a statutory declaration explaining why the other parent has not signed or cannot be contacted.
These applications can take longer than standard applications to be assessed by the Australian Passport Office.
If refused, you may need to apply to the Family Court for an order permitting the passport.
It is recommended that you seek legal advice before applying for a passport without the other parent’s consent. Be aware that the other parent may be contacted in the assessment of the application.
If the other parent has applied for a Child Alert through the Australian Passport Office, this may prevent you applying for an Australian Passport without their consent.
For more information about child alerts see our resource ‘I’m Worried the Other Parent Will Take My Child Overseas”
If your child is put on the Airport watchlist, they will not be allowed to leave Australia, regardless of whether they have a valid passport. If this is the case, we recommend seeking legal advice.
For more information on the Airport Watchlist see our resource ‘I’m Worried the Other Parent Will Take My Child Overseas”.
Your child must have a valid passport to travel overseas. This could be an Australian passport, or a passport issued by another country if your child is a dual citizen.
If your child is eligible for a dual passport, check with the embassy of that country to find out what the rules are for that passport. Be aware that some countries will issue a passport without the consent of the other parent. For more information, see our resource ‘I’m worried the other parent will take my child overseas’.
Understanding potential risks involved when travelling with your child after separation is critical, particularly in situations of family violence.
Abusive partners may use children to manipulate or control the other parent. This can include making threats related to custody or deliberately making travel plans difficult. Have a safety plan and seek support from family violence services.
Financial dependence may lead to difficulties in arranging the travel due to limited access to money.
Family disputes and separation can have significant emotional effects on children. Consider your child’s well-being in your plans.
Refusing to sign passport applications, threatening to take children overseas, or holding travel documents hostage can be forms of coercive control. These are tactics used to intimidate, isolate, and control you.
Grace separated from her partner due to family violence. She wished to travel back to Kenya to see family, however her son did not have a passport. She did not feel safe contacting the other parent.
After seeking legal advice, she decided to apply under the special circumstances exceptions with the B-9 form.
The Passport Office contacted the other parent and advised Grace that she would need a court order to issue the passport. Grace sought further advice from her lawyer who advised her on the cost and stress of going to court. She decided to postpone her trip to discuss her options with her family.
We have created a series of four resources focused on travel with children after separation where there is family violence.
To read the complete travel resources booklet click the ‘Download Complete Travel Resources Booklet’ button below.
This booklet contains all four travel resources:
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Legal Disclaimer: The material on this page is a general guide only, not legal advice. Please seek legal advice about your specific situation.
You are not alone. Please contact the below services for additional support.
Free legal information and advice to Victorians.
Victoria’s 24/7 family violence response centre for crisis support.
National sexual assault, domestic family violence counselling service.
Need an interpreter? Call TIS and ask to be connected to any of these services.
