Can Ex Apply for Kids' Passports Without My Permission?
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.
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.)
Having parental responsibility means that you have a right to be involved in the upbringing of your child. You will be required to Pay Child Support until your child is 16 or leaves full-time education and you will also have a say in any major decisions that are made concerning their welfare. If your children live with their mother, she still has the right to make decisions about their everyday lives.
To apply for a passport, only one parent needs to sign the consent form. This means that, yes, your ex is legally allowed to apply for passports for your children without your consent. This may seem unfair but the act of getting a passport itself is not considered a major decision.
It is easy to feel annoyed at your ex for taking your children away, especially if it is with a new partner, but if they have passports it also means you can enjoy holidays abroad with them. However, if you have more legitimate cause for concern and think that your ex may be Planning To Take Your Children Away Permanently, then you should raise them with her and also the appropriate authorities.
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