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Is sole parental responsibility enough to get a passport?

The Australian Passports Act 2005 (Cth) was amended on 8 October 2015 to clarify when the Minister may refuse to issue an Australian passport for a child.

The Australian Passports Act 2005 (Cth) was amended on 8 October 2015 to clarify when the Minister may refuse to issue an Australian passport for a child.

Before a passport can be issued to a child all people who have parental responsibility must give consent. This means, both parents have to agree unless parental responsibility has been removed by a court. A court order giving sole parental responsibility to a parent will enable that parent to apply for a passport without another person's permission.

If there is no agreement the parent who wants to get a passport will need either a waiver from the Department of Foreign affairs or a court order which specifically gives consent to the issue of a passport.

Issue of passport different to actual travel overseas

A person wishing to travel overseas with a child must get written permission from all persons who have been awarded 'access' or 'spend time with' orders in relation to that child, or all parties to parenting order proceedings in relation to the child, even though a passport has been issued to that child.

See Passports and overseas travel.