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Can Ex Apply for Kids' Passports Without My Permission?

By: Emma Jones - Updated: 19 Oct 2020 | comments*Discuss
 
Passport Ex Children Parental

Q.

Can my ex-partner apply for my 3 children's passports without my permission? They are aged 4, 5 and 6 years.
Concerned dad.

(S.J, 4 May 2009)

A.

When you split from your partner it is easy to feel very helpless and as though you lack influence on your children’s lives. When you have gone from being involved daily to seeing her making decisions without your consent, it can seem unfair. It is natural to question whether she is legally able to take these steps without consulting you.

You do not say whether you have parental responsibility for your children. Parental responsibility is automatically granted if you were married to the children’s mother at the time of birth or if you jointly registered the birth. If neither of these apply, you are still able to apply for parental responsibility through the courts to make sure that you are involved in their upbringing. (For more information, see our article on Your Separated Father's Rights.)

Here's some more information about your children's passports when you are separated:

Who can apply for a passport?

Either parent can apply for a passport for their child, unless an objection has been lodged at a United Kingdom Identity and Passport Service office.

A child under the age of 16 must have permission from a person with PR for them.

If you are separated but still married, either parent can give permission for a child to have a passport.

If you are divorced, but were married at the time of or after the child's birth, either parent can give permission for a child to have a passport, unless there is a court order about PR or preventing the child from having a passport. If this is the case, you should send a copy of the relevant court order with your application.

If you are not and were never married to the mother of your child, only she can give permission for the child to have a passport, unless:

  1. You have PR, either through a Parental Responsibility Agreement or by order of the court
  2. You are named as the father on the birth certificate and your child was born after 01 December 2003

Can I get a passport for my child if I don't have parental responsibility?

If you do not have PR, you will need the consent and cooperation of the child's mother if you are to obtain a passport for your child.

If the child's mother does not consent, she can lodge an objection of her own volition and if the child has already had a passport issued in his or her name, it will be recovered by order of the court and not returned unless or until the court considers it appropriate.

In what circumstances can the passport office refuse to issue my child with a passport?

An objector can ask the passport office not to issue a child with a passport if:
  1. A Prohibited Steps Order has been made
  2. The objector has had a residence order made in their favour
  3. A court order has been made stating that in order for another party to remove the child from England and Wales, the objector's consent is required
  4. There is an order requiring that the passport is surrendered to the court
  5. There is a court order preventing the passport office from issuing or re-issuing the child with a passport
  6. There is an order preventing the child from being taken outside of the jurisdiction (England and Wales)

I have parental responsibility - what do I need to do next?

If you have PR for your child and no objection has been lodged at court regarding your passport application, you must send any court order dealing with your PR alongside your application form.

If your child is currently registered on another passport, i.e. your passport or his/her mother's passport, their details will need to be officially removed from them.

You should also note that if the child's mother has already applied for a passport for your child, and it has in fact been issued, even if you have PR, you will not be able to apply for another passport for your child.

Find out more...

Read on to find out more about when your ex might want to move children abroad or to take them on holiday.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
Hi. There is some slight incorrect information on this page.It says an unmarried father has parental responsibility if he is on the child's birth certificate and the child was born after 01/12/2003. This is slightly incorrect as the law states it is the registering of the birth on or after 01/12/2003 (so after 30/11/2003) which would give the named father parental responsibility, not when the child was born. So a child could be born before 01/12/2003 but the birth registered (or re-registered) either on or after 01/12/2003 and the named father would automatically gain parental responsibility.
B - 19-Oct-20 @ 8:34 PM
My wife and I are divorced and both have parental responsibilities for the children. My wife is British and children are British.I am not British but my name is on both birth certificates.My wife wants to apply for passports for the children (I have no objection), but my question is does she need my passport details for the application as I do not currently have a valid passport.I have indefinite leave to remain and have been in the since 1996.I would appreciate a reply as she is accusing me of stopping the children from having their passports.Many thanks
Al - 9-Oct-20 @ 2:21 PM
How would my son In low go about getting my grandaughters passport .she 17 andlivedwith her dad since she was.2mounths
Judith Ellison - 29-Jul-20 @ 3:22 PM
Hi i am not british and i have a child with a british man who i never got married to . WE broke UP recently and he never wanted to see the child.do i need him to make the child's passport or Can i apply myself ?
Shela - 16-Jul-20 @ 2:45 PM
My ex partner brought me on a fiance visa and I gave birth to my baby here in London. Our relationship broke down due to domestic violence and He has refused to sign the form for our baby's passport since he is the British citizen. What should I do?
A - 10-Jul-20 @ 9:34 AM
Hiya can I apply for my kids passports without the mams concert. I am registered on both there birth certificates
J - 1-Jul-20 @ 3:57 PM
Hi. I have 2 children with my ex. We are still married but separated 2 years. Both children are mine and I am on the birth certificates. The children used to live with her, since the courts have now removed them from her and they live with me. I have an order that says I’m the responsible parent for day to day care and for them to live with me. The mum still had there passports etc. She’s refusing to hand them over. What can I do? I’m due to take them on holiday but she says she don’t want me to so won’t give me the passports. Thsnks
Bushed - 30-Jun-20 @ 1:33 PM
Hey, if my ex is threatening to take my country abroad and never let me see my child again… even tho the child is in my care. I do have PR via birth certificate. If I apply for passport and keep it away from my ex will that prevent her from being able to take my child abroad? I don’t want to be in a situation where my child is kidnapped into another country
DanielGreen85 - 22-Jun-20 @ 7:23 AM
I want to take my 9yr old granddaughter abroad how do I go about getting her a passport she lives wiv her mother which will sign for her to get one but she has no contact with her father but he is on the birth certificate do we need him to sign for us to get her 1 or not
Tan - 2-Jun-20 @ 4:27 PM
@sefmbugua.the bio father was most likely keeped away with drummed up orders from your( ugly missus) .and you sound like a (pathetic men) who calms other men children You think you cool raising some other guys children .the way I was raised you are to be looked at as a inferior men a (betta ).i am not trying to insult you just telling it as it is .
C.laurie - 29-May-20 @ 9:52 PM
How can i get my step son to get a passport,even though he has a parental responsibility, his biological dad was never there in his life ,and were never married,Ian a step dad
Sefmbugua - 29-May-20 @ 8:08 PM
My partner has a daughter can she get a passport for her even know the father has PR but has not seen her since she was 6 months old and now she is 13 years old and they was never married thanks
Gaz - 15-Apr-20 @ 4:40 PM
Hi can i apply for my sons passport with out the mothers concent i have never been married to have but have PR if so what documents would i have to send with the application. Im so confused. Any help would be appreciated. Than you
Tom - 15-Apr-20 @ 1:49 PM
Can an ex partner get a passport without any permission from the other parent even though both are on the birth certificate and have joint custardy
Bella - 11-Mar-20 @ 12:08 PM
My ex had my sons passport which expired and he has now applyed and been given a passport at his sisters address where my son dosnt live, is this legal as his name was on the birth certificate,he sees his son once a month and said he did this online and used his sisters address please help
Tritzy - 4-Mar-20 @ 6:47 PM
I got my 5years residencefrom my eu partner,my ex the father of my 3 childrendo not have residence in the UK, our child is now 10 years I have appliedfor her firstBritish passport,included the father'sname on the form, but I do not write in section 8 that we have divorced.The passport officesent an email to my countersignedpersonwho happenedto be my Pastorwho namedthe child 10 years ago who also knows my ex. The countersignedclergy was contacted by HM passport office to confirmif he knows the child, the mother and the father. I must confess I have been panickingsince then becauseI don'twantthe home officeto think my relationshipis not genuinewith my new partner,he also hot my 3 children5 years residence.My 5 years will expired 2021, and he's willing and ready to do my permanent residence for me. Can anyone please advise me.Idon't want to deny my ex from gettinghis resident as wellbecause he has beeninvolvedin his childrenlives as well.
Fey - 15-Feb-20 @ 8:49 AM
I need to get a copy Of my daughters passport but my ex wife will not give me it, how do I get it ?
Mob - 7-Jan-20 @ 5:53 AM
I have a passport whenourson was 1 and Igeta phone call tonight sayingthatmyson 16 and athe nans housein Spain with out me singing the past portmy son 16 what can I doyear and yearly of abuse me and myput with
Tracey Baker - 17-Dec-19 @ 6:10 PM
iam living with my parents from last 8 years with my son .i applied for passport in the passport i mention "separated " want to know is need father sign in the application in my sons passport ? in the birth certificate of my son father name was mentioned . we r not separeted legally we r not applied for divorce .
sri - 18-Sep-19 @ 4:06 AM
I am Sri lankan and my wife is british national,few years back with out any of my permission she has taken our b ritish passport hold child away from me,since that I have no access to my child or no information,is it possible for me to stop renewing child passport
Mend - 7-Sep-19 @ 11:13 PM
I know this is primarily for caring dad's.But how do I get advice for my daughter when her cheating husband walks out after 2 months of marriage and says he's paying nothing for their 3 kids?
Si55 - 24-Aug-19 @ 8:31 PM
I'm looking for some advise. I have two children in which their father barely has anything to do with them however still have parental rights. I wanted to know wether I'm going to have an issue applying for both childrens first passports they are both under 5. I cannot ask him as we have a restraining order and is a very volitial situation
Soph - 12-Aug-19 @ 10:25 PM
I think my ex may have changed my sons (2 boys) names and she is now resisting and wont share their passport copies - is there a way i can obtain copies of their passports and or check their names??
mark buley - 17-Jul-19 @ 8:38 AM
Hi .We went on holiday to visit my family and when we got my husband took my permanent residence and my son's british passport . Please help me how to act to reset my son's passport .Thank you
pink - 25-Jun-19 @ 1:10 PM
Hi I am from Spain and would like to apply for passport for my daughter. My ex wont give me permission to get a passport to take her on a family holiday because she has old passport ands still can use for 2 years even. On the old passport its only on my ex surname so i wanted to change but she dont want to do i even if we already went to register office and changed our daughter surname. Can anyone give me advice how I can get a passport if he wont sign anything?
Mike1984 - 19-Jun-19 @ 8:43 PM
Hi I am from Scotland and would like to apply for passport for my daughter. My ex who is on the birth certificate wont give me permission to get a passport to take her on a family holiday. Can anyone give me advice how I can get a passport if he wont sign anything?
Law1985 - 27-May-19 @ 9:33 AM
Hi my Son burn uk my ex she’s from Romani she want to appy for Romania passport she ask me to sign. But I don’t want to sign Bcz I’m really worry if she take my son anddon’t come back pleas someone Unser me ??????
Ziko - 25-May-19 @ 1:36 AM
My ex has applied for my childrens passports and has recieved them how can i get passports for my children as she will not give them to me can i reapply for them plzzzz help
Usman - 20-May-19 @ 2:24 AM
Hi someone please guide me on this my son is 5y pls he is British citizen and he have British naturalisation certificate but he doesn’t have his British passport. I’m single mother divorcee and moved to out of uk with my son now that I’ve applied for my son British as we have to travel somewhere so I filled my son passport application the home office want to conduct my ex husband the father of my son interview as I’m no in talking terms with him . And I don’t know about his whereabouts. I’m so upset what to do please someone help me on this matter . Home office already emailed my ex husband but he is completely ignoring the mails n all . Home office have given me a dead line after that they will withdraw my son passport case . I need urgent advice please help thanks
Sunshine - 4-May-19 @ 8:53 PM
I was never with the baby mom my daughter is 7 months and is being difficult ... She has gone to passport office and lied saying she has no contact with me to get passport without me signing is this legal ??
Dec - 14-Apr-19 @ 11:41 AM
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