Children's Passport Consent After Divorce in Australia

Consent Depends on Parental Responsibility — Divorce Does Not Decide It

For a child under 18, the Australian Passport Office generally requires consent from each person who has parental responsibility, unless a court order or an applicable exception changes the position. Divorce alone does not determine who has parental responsibility. A parenting order granting one parent primary care is not necessarily an order for sole parental responsibility, so check the order before assuming one parent can apply alone.

This catches many divorced parents by surprise, particularly when planning international travel and discovering — sometimes at the passport office counter — that they cannot simply renew their child's passport alone.

What "Consent" Means in Practice

When you apply for a child's passport, the Australian Passport Office's current process generally requires either:

• The required consents from the people with parental responsibility, or
• A court order that specifically authorises passport issuance without one parent's consent

Complete the consent section specified in the current child passport application. If a required consent is missing, the APO may seek the other person's consent or require a court order or other applicable process before issuing the passport.

What If the Other Parent Refuses?

If your former spouse refuses to consent — or simply cannot be located — the common routes are:

Apply to the Family Court. You can seek a specific order from the Federal Circuit and Family Court of Australia authorising the passport to be issued without the other parent's consent. The court considers the child's best interests, including any risk of international abduction, the purpose of the travel, and the proposed itinerary.

Request a Family Dispute Resolution certificate where required. Depending on the application, you may need to attempt family dispute resolution (mediation) before seeking parenting orders from the court. If mediation fails or the other parent refuses to participate, the mediator issues a certificate that may allow you to file with the court.

The Passport Office may also consider whether an exception or special circumstance applies. Check its current requirements before choosing a court or dispute-resolution route.

In the Northern Territory, family dispute resolution services are available through organisations including the Northern Territory Legal Aid Commission and community mediation services.

The Child Alert System

If you are concerned that your former spouse may attempt to obtain a passport for your child without your knowledge or consent, you can request a Child Alert with the Australian Passport Office. This requests special scrutiny of any passport application, but it does not guarantee that the passport will be refused or prevent the child from travelling.

Requesting a Child Alert involves the APO's PC9 request form. Contact the APO on 131 232 for the current form and lodgement instructions.

International Travel After Divorce

Even with a valid passport, travelling internationally with your child after divorce involves additional considerations:

• Parenting orders. If your parenting orders specify which parent the child lives with and the time they spend with the other parent, international travel may require the other parent's written consent or a court order permitting the trip.
• Airport border checks. Australian Border Force officers may ask for evidence of parenting arrangements when a child is travelling with only one parent. Carrying a copy of your parenting orders and (if applicable) written consent from the other parent avoids delays.
• Hague Convention countries. If both Australia and the destination country are signatories to the Hague Convention on International Child Abduction, there are established legal processes for the return of children who are wrongfully removed or retained across borders.

The Bigger Post-Divorce Picture

Children's passport consent is one of many parenting-related administrative tasks that follow divorce. The Northern Territory After-Divorce Checklist covers the full post-divorce transition — including identity updates, property settlements, superannuation splits, and estate plan revisions — so the logistical pieces don't get lost in the emotional complexity of the separation.

See more Northern Territory guides →