Before you put down the non-refundable deposit on your dream overseas holiday, it is best to check with family law lawyers whether you may need your former partner’s consent to take your children. While it is common for Orders to include mention about who holds the passports, how they are to be renewed and what is permissible overseas travels, they are not compulsory. This may mean you will need to seek the consent of your former partner to take your child overseas. You may also need to seek their consent in applying for or renewing your child’s passport.
Renewing or applying for a passport
If your Orders are silent on getting your children a passport or ensuring they remain valid, you will need to obtain the consent of your former partner in getting a passport. This will require you to complete a passport application or renewal application which shows the consent (generally the signature) of both parents. If your former partner refuses to sign the application, you may still able to apply for a passport.