Home > Ask Our Experts > Can Ex Apply for Kids' Passports Without My Permission?

Can Ex Apply for Kids' Passports Without My Permission?

By: Emma Jones - Updated: 6 Aug 2022 | 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.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
sons ex wife remarries has two children from first marriage with her gets passport for 15 year old sonin her new married name. does not notifyor ask birth fathers permission on this . father has parental rights.
none - 6-Aug-22 @ 10:00 AM
(You are a ugly old bar maid) ,I cant believe you found a guy that would actually marry you!!!. he must have very low self-esteem must be like( Gordon pencil dick tradey old Bob the builder character ha ha ha)poor c##t doesn't even know your a prostitute riddled in stds .ha ha ha ha .
C laurie - 14-Jun-22 @ 2:19 AM
Just stop you are( lucky) I signed the passport papers years ago Samantha ,in( reality you should off legally changed her name like you where going to do). because I have zero intention off ever meeting your daughter thats( gods truth ).I dont like (you or your kids) you can call me Lou disabled whatever you want thats your opinion loser .(I have no time for women who have sex with underboys and sleep with my family members .(I'm glad your gone thats gods truth your a( trashy whore )go stick with your kind .).
C laurie - 14-Jun-22 @ 1:42 AM
Hi..My son wants to take his Daughter on holiday..She is 3 yrs old .She carries her fathers name on the Birth certificate.. He split with her mum years ago The child lives with her dad and sees her mum occasionally Can my son apply for a passport for the child without the mother getting involved.??Thanks in advance !!
Lou - 13-Jun-22 @ 10:29 PM
I am split from my ex partner I’m on my sons birth certificate can I get a passport without mother’s signature
Lennox - 6-Jun-22 @ 9:33 PM
My ex and me both have PR for our two year old daughter we have never been married, he wants to Take her abroad for the first time and get her passport done but I don't want him to take her as I don't think he could look after her on holiday on his own and I think she is to.younge to be away from me for 2 weeks. He's sneaky and I'm.worries he's going to take her away without my permission, can he do that??
Kaz - 7-May-22 @ 4:32 PM
I want to apply for my sons first passport I am British and have a British passport,but my ex only had a temporary visa when our son was born as he was an asylum seeker,he now has refugee status and has travel documents but can these be class as a passport,he is happy for me to get our son a passport but I am not sure how it works any advise would be good
jo - 14-Mar-22 @ 9:27 PM
Hi I went and got (and paid for) my 2 boys passports about 3-4 years ago to go on holiday with them. Earlier this year my ex asked to “borrow” the passports to open a bank account. I was happy to let her use them but asked her to confirm via text that she would return them to me after. I didn’t want her to keep them and risk her using them as a lever/weapon if I needed them again (she has history of doing this) She agreed via text so I thought I was safe to let her use them. 4 months on she is now refusing to return them. Can I contact the police as she has stolen them? Or do I have to use solicitors/courts to get her to return them, that will be costly so can I recover the cost of getting them back from her?
Crazyfish - 3-Oct-21 @ 5:31 PM
Hi there, I have a child arrangements order in place. Myself and my ex were never married but both have PR. He has applied and now has passports for our two girls. Without my consent or anything signed from myself. Is this fraud??
Emz - 21-Sep-21 @ 5:33 PM
I am afraid I don't fully understand what you are saying samantha. Could you please explain?
Luka - 24-Jun-21 @ 6:36 AM
I have never been married to mother of my child but I am on the birth certificate, so we both have PR. I have been kicked out from the house when our daughter was 1. After 7 years I started cooperating with social services due to domestic abuse at my child's home. I have been safeguarding my daughter (at her own wish) since. This meant removing from mother's care and allow her contact only via Contact Centre, which she has never used and refused to seek help with alcohol issues. Not even once in past two and half year she asked how daughter is doing, is she healthy, not even wishes for Christmas nor birthday. Pretty much abandoned the child. recently I have started the process of applying for British citizenship, and want to take same steps for my daughter. Knowing how petty this person is, even before asking I know what will be the answer if I ask for consent to issue the passport for our little one (10yo now). I don't know much about the legal side of things, but I would like to avoid any contact with that person at all cost due to her abusive past towards us. We just started feeling safe and free from that harpy, I really would like to keep it that way. What would be the best course of action in such case? I cant really afford a lawyer, saving for both citizenship applications takes about a year for me, but I don't qualify legal aid either.
Luka - 22-Jun-21 @ 11:19 PM
I have PR as I am registered on my daughters birth certificate. The mother has always kept hold of our daughters passport.I had a final hearing through the family courts last September and part of the order is that the father (me) apply for the UK passport and mother will apply for an Irish Passport for our daughter as the UK passport was close to expiring. Our daughter was registered at the address where we lived and mother still does and I want to know do I put my address on her new passport or mothers? daughters has live with both parents order. Mother wont hand passport to me but will only supply a copy of the old passport. I would prefer it was mine in case I have issues when taking her abroad.
spudulike - 3-May-21 @ 6:34 PM
Ex refusing to give me a copy of sons passport. Surely there must be another way other than courts to get this information. It is a form of coercive controlling behaviour.
SA - 5-Apr-21 @ 10:43 PM
Hey my Ex took our 2 children to mexico when they was 1 and 3 now our children are 14 and 16 and the 14 year old one wants to come back here but her father won't sign for her a passport is there anything I can do ? We was never married..
Angela - 5-Apr-21 @ 8:57 PM
HI my ex left with the kids two years ago from words spoken in an argument and went to a refuge. I am now divorced lost out on my home kids. There was no police report no restraining order etc. She has even denied me overnight access. Im going to court to get rights to my kids but can i sue her for falsely running away with children and going to a refuge
Rod - 13-Mar-21 @ 7:34 PM
My son’s swedish passport has been expires on March 2021 he was born in Sweden and we were moved to uk in 2006. My ex husband won’t signed the form to get renew passport for him. Now he’s 16 yrs this year. We were divorced nearly 3 yrs. I am the parent responsibility for the time. He never supports us. But divorce letter has mentioned joint custody. But he never ever involved children PR OR financial support since I got my divorce to until now. Can I get British passport passport for my son without ex husband’s signature. Thanks please reply me.
Asha - 25-Feb-21 @ 9:32 AM
Hi ,my ex refused me access to our 13 years old daughters passport because she knows I want to use it to regularised my stay in the uk . The court has already granted me parental responsibility via an order. What can I do to get a copy of my child’s passport?
Vinces - 15-Feb-21 @ 4:10 PM
My x partner as change my daughter sure name on her passport.with out asking me l am on my daughter berths certificate.can she do this
Boxing - 2-Jan-21 @ 11:40 PM
Hi, my baby is half polish half British. I have applied for a British passport for him but his dad has changed his mind and doesn’t wanna send any of his papers. I am not British. Is there any chance to force the dad to send the papers so my son could have a passport?
Sandra - 24-Nov-20 @ 8:36 AM
My grandson was born and lives in Russia with his Russian mum , my English son is the father and they have applied for a British passport for my grandson which has been accepted, they are at the interview stage where they speak with my son , but he is currently in prison, will it effect the passport application if they know this, or can they interview just the Russian mum who has perfect English, they are not married
Caz - 19-Nov-20 @ 10:51 AM
I am divorced and my son's mother abandoned him then when she returned sent his clothes to my house with a friend with a message that she was sick if him. She has sold her house and moved but not made any contact with him. She has his passport and even if I did manage to contact her she would never hand it over. Any ideas what I can do? My son is only 14 so do I have to wait years to get this resolved or is there someone I can speak to?
PMX - 25-Oct-20 @ 6:50 PM
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
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments