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Can Ex Apply for Kids' Passports Without My Permission?

By: Emma Jones - Updated: 7 Dec 2017 | 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]
My daughter has separated from her partner and they have a 2year old child. He is from another country and we fear that despite my daughter holding the child's passport her ex partner may forge a renewal application and abduct her. How can she prevent another passport being issued? Can she have it recorded that she does not authorise it and concernsover forgery? They were not married and both names are on the birth certificate. He has said his family want him to move back home abroad and we know he would not go without his child.
Mingle - 7-Dec-17 @ 10:04 PM
SJ - Your Question:
Hi, Everyone.Don't know if this helps, I'm a mother and main carer of my two children, I'm divorced, my ex sees the kids a couple of nights a week.My ex applied for a passport for my daughter without my consent. I don't know if there was any forgery of my signature or anything etc (My ex insists not) but it's clearly possible to process an application without their mother's permission.

Our Response:
Your ex must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad, please see link here which will tell you your ex does need your permission. You may wish to contact the passport office directly in order to follow this up.
SeparatedDads - 9-Nov-17 @ 11:52 AM
Hi, Everyone. Don't know if this helps, I'm a mother and main carer of my two children, I'm divorced, my ex sees the kids a couple of nights a week. My ex applied for a passport for my daughter without my consent. I don't know if there was any forgery of my signature or anything etc (My ex insists not) but it's clearly possible to process an application without their mother's permission.
SJ - 8-Nov-17 @ 5:57 AM
A mother could easily apply for a child's first passport and get it within 3 weeks,regardless if the father is mentioned on the BC or not.Can a father do so?Nope!
Emmanuel - 8-Nov-17 @ 12:59 AM
My eldests dad is on birth certificate but hasn't seen him since 3 month old and no contact where do I stand on getting a passport
Passport issues - 12-Oct-17 @ 10:23 AM
My daughters father is in prison, he is on the birth certificate so has PR. Am I able to apply for a passport for her with out his permission? Thanks
Sc1991 - 16-Sep-17 @ 7:16 PM
Hi, im looking into applying for a passport for my 6 year old. My ex is on the birth certificate but hasnt been around for years and theres no way hes coming back. Will i be able to get her one without his signature etc? And do i just leave the fathers details blank seeing as we dont sew or hear from him? Thanks.
Em - 6-Sep-17 @ 1:58 PM
My ex partner is applying for a passport for my daughter and I have a child arrangement order as to my contract with my daughter and she has asked me to help her and I refused to which she replied she would get one without my permission, is she allowed to legally do this?.
None - 14-Aug-17 @ 8:33 PM
My ex partner is applying for a passport for my daughter,I have a child arrangement order as to my contract with my daughter, my ex asked me to help her and I refused, to which she replied she would get one without my permission, is she allowed to legally do this?.
None - 14-Aug-17 @ 8:28 PM
My son who is 15 lives with myself and has done since his mother left when he was around 3 years old.I applied for a passport for him around 5-6 years ago, and this has now expired, and we want to renew.The Passport office are now asking for her written permission for me to apply for the passport although I have parental responsibility. Is this right!?
Al - 9-Aug-17 @ 10:55 AM
Mrso - Your Question:
My husband is wanting to get a passport for his 7yr old son. He lives with him mum and we have him every other weekend. Does his mum have to get the passport or can we. We are worried if she gets his passport she might withhold it when it's time to travel.

Our Response:
You can see more via the gov.uk link here which will tell you all you need to know.
SeparatedDads - 7-Aug-17 @ 2:16 PM
My husband is wanting to get a passport for his 7yr old son.He lives with him mum and we have him every other weekend.Does his mum have to get the passport or can we. We are worried if she gets his passport she might withhold it when it's time to travel.
Mrso - 5-Aug-17 @ 5:02 PM
Dave - Your Question:
My ex wife refuses to hand over my daughters passports. I have a court order for Parental Responsibility and wish to take my daughters on holiday. Passport office have refused my application to apply for new passports and refused a refund on payments made.How can I get valid passports to allow me to take my girls on holiday.I have been to court but as my ex didn't show up I am still in limbo.

Our Response:
Please see page; Specific Issue Orders here which should tell you all you need to know. However, you would have to give plenty of time for this to come to court. Therefore, you may wish to seek legal advice in order to explore your options.
SeparatedDads - 4-Aug-17 @ 11:05 AM
My ex wife refuses to hand over my daughters passports. I have a court order for Parental Responsibility and wish to take my daughters on holiday. Passport office have refused my application to apply for new passports and refused a refund on payments made. How can I get valid passports to allow me to take my girls on holiday. I have been to court but as my ex didn't show up I am still in limbo.
Dave - 3-Aug-17 @ 4:40 PM
DC - Your Question:
I have a child arrangement order stating my children's father has no contact with myself or my children (for outlet safety) except letters or gifts in the post. This order has been in place for 5 years and there has been no contact or letter or gifts at all. Do I still need to get 'father's' consent for their passport renewal and if so how do I even go about it? Please advise. From a desperate mum

Our Response:
Please see gov.uk link here which should tell you all you need to know.
SeparatedDads - 3-Aug-17 @ 2:41 PM
I have a child arrangement order stating my children's father has no contact with myself or my children (for outlet safety) except letters or gifts in the post. This order has been in place for 5 years and there has been no contact or letter or gifts at all. Do I still need to get 'father's' consent for their passport renewal and if so how do I even go about it? Please advise. From a desperate mum
DC - 2-Aug-17 @ 8:11 PM
Can I apply for my baby's passportalone as we haven'tseen my ex since he was 3 weeks old and my baby is 4+ now.my baby has abritish passportwhichis due to expire in 3 months. basicallyam not Britishmy son is Britishdue to dad been British.but can i renew my son's passporton my own.
Mandy - 2-Aug-17 @ 7:40 AM
The father of my children is taking the children away abroad this year. The children's passports had to be renewed last year and the year before but he refused to pay towards them.I am taking the children away when he gets back and need use of the passports however I am worried that I will not receive them back. Can I ask for a solicitors letter from him for the passports giving dates when he will return. I am led to believe that the passports are my property until the children reach 16. I do not trust him in returning them.Last year his bit on the side decided to write all his contact details in them without my permission. Thanks
shell - 12-Jul-17 @ 8:00 AM
I want to apply for my daughters first passport she is 6 years old her farther my ex partner is in prison we have no contact with him . Will I be able to apply for the passport without his signature?
Akmc - 2-Jul-17 @ 1:03 PM
I'm divorced but I'm keeping my married name. What do I need to get my daughters first passport.
Carol - 28-Jun-17 @ 9:16 PM
Razzle - Your Question:
Hi I have a shared custody order which means I get to have the children overnight 1 time per week and every other weekend plus 2 weeks holiday per year. With my job I now work in Shanghai China and I am trying to organise for the boys holiday to Hong Kong and Shanghai for 10 days. My ex is saying they are not coming to China, can she do this ? I have parental responsibility rights and a custody order that I assume is still in place as it is a legal document , and I am not the only father to work away from the uk. Please advise Thank you

Our Response:
The fact your circumstances have changed and the terms of your 'custody order' are no longer in effect renders the effectively order redundant. If you are now living abroad and the arrangements laid out in the order have changed, it means there has been an agreed bi-lateral variation between you and your ex to the order. Any changes to a contact order must be agreed by both parties. This means if you wish to try to enforce part of the original order and your ex is refusing this (for reasons of her own based on the agreed variation) you would have to take the matter back to court.
SeparatedDads - 12-Jun-17 @ 12:25 PM
Hi I have a shared custody order which means I get to have the children overnight 1 time per week and every other weekend plus 2 weeks holiday per year. With my job I now work in Shanghai China and I am trying to organise for the boys holiday to Hong Kong and Shanghai for 10 days. My ex is saying they are not coming to China, can she do this ? I have parental responsibility rights and a custody order that I assume is still in place as it is a legal document , and I am not the only father to work away from the uk. Please advise Thank you
Razzle - 12-Jun-17 @ 2:33 AM
Hi my partner and I want to take her kids abroad this year but her ex is threatening to stop the kids passports can he do this any advice would be great full
St3v3 - 7-Jun-17 @ 7:50 PM
Hi ive applied for a passport for my lg..mine has expired and i will b renewing soon..my partner (her daddy) is listed on her application too..is my lg goin b refised passport cause mine is not renewed yet??
Sugga - 24-May-17 @ 5:46 PM
Hi can my child's father apply for hisfirst time British passport if he is on the birth certificate and have my full consent and also I don't have a British passport but I was born in the U.K is that going to be a problem
San San - 19-May-17 @ 8:03 PM
How biased is the law. I am a dad separated from my 2 children's mother. I asked to take them to Euro Disney to which I was told I would not get a passport for them unless she agreed . She has refused and now informed me that she is taking the kids to Portugal.How can the law allow her to apply for passports and take them abroad without my consent??
Aj - 16-May-17 @ 5:26 PM
tigx - Your Question:
Hi my brother in law is a single dad and has been for the past 3 years his daughter is 4, her mother walked away from her had very little contact over the first 2 years (maybe 2 visits a yeat) and has not had any contact for at least a year. he is named in her birth certificate as her father from what I have been reading he has parental responsibility over his daughter without having to go to court because he is on that birth certificate is that correct? also he is currently trying to apply for her passport to be able to take his daughter on holiday does he need permission from her mother to get the passport? please help planning in going on holiday in the next 10 weeks!!

Our Response:
The mother automatically has parental responsibility, but the mother still needs the permission of anyone else with parental responsibility before she can apply to take the child abroad, please see link here.
SeparatedDads - 2-May-17 @ 12:22 PM
Galaxy - Your Question:
HiMy fiancé's ex partner and mother of his 11 year old son has just informed him that she has applied for a passport for their son and put father - unknown on the application form even though my fiancé is on the birth certificate and has joint PR. Can she legally do this? This is the latest in a long line of abusive and emotionally threatening acts on her behalf. My fiancé is at his wit's end and really can't cope with much more of her harrassment. All he wants is to be a father to his son. Can he have the passport voided? Thanks in advance for any advice you can offer.

Our Response:
If your fiancé has PR, then both parents have to sign towards any application for a passport, please see link here.
SeparatedDads - 2-May-17 @ 12:16 PM
Hi my brother in law is a single dad and has been for the past 3 years his daughter is 4, her mother walked away from her had very little contact over the first 2 years (maybe 2 visits a yeat) and has not had any contact for at least a year. he is named in her birth certificate as her father from what I have been reading he has parental responsibility over his daughter without having to go to court because he is on that birth certificate is that correct? also he is currently trying to apply for her passport to be able to take his daughter on holiday does he need permission from her mother to get the passport? please help planning in going on holiday in the next 10 weeks!!
tigx - 1-May-17 @ 8:05 PM
Hi My fiancé's ex partner and mother of his 11 year old son has just informed him that she has applied for a passport for their son and put father - unknown on the application form even though my fiancéis on the birth certificate and has joint PR. Can she legally do this? This is the latest in a long line of abusive and emotionally threatening acts on her behalf. My fiancéis at his wit's end and really can't cope with much more of her harrassment. All he wants is to be a father to his son. Can he have the passport voided? Thanks in advance for any advice you can offer.
Galaxy - 1-May-17 @ 7:48 PM
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