Child Passport Without Consent: When the Other Parent Refuses

Part of: Specific issue order

You can often get a child passport without consent from the other parent. HM Passport Office normally lets one parent with parental responsibility apply alone. That changes when it knows the other parent objects, when the passport is in a new name, or when a court order says everyone must agree. Then it asks for their signed consent or a court order, and the dispute moves to the family court. This guide covers the law in England and Wales. It is written for the parent who needs the passport, and for the parent who wants to stop one.

Whichever side you are on, you can book a free initial consultation and one of our specialists will give you initial advice before you apply or object.

Do you need the other parent’s consent for a child’s passport?

Usually not, as long as you hold parental responsibility and nothing tells the Passport Office there is a dispute. GOV.UK says someone with parental responsibility must apply and sign the form. You must give both parents’ details, and if you cannot, you explain why. For example, you may be the only parent named on the birth certificate.

The Passport Office’s guidance for its own staff goes further. It normally allows one person to act alone when more than one person has parental responsibility. The exceptions are a law that needs more than one consent, or a parental dispute it knows about (HM Passport Office parental responsibility guidance). That mirrors the Children Act, which lets each parent with parental responsibility act alone.

So a refusal to sign is not, by itself, a barrier. What matters is whether you have parental responsibility, and whether the Passport Office has a reason to ask for more. If you are unsure about the first, our guide to proof of parental responsibility explains how to check.

What the Passport Office asks for in each situation

What happens when the other parent objects to the passport?

The application slows down, and it can stop until you have their consent or a court order. Parents, and bodies such as the police, can ask the Passport Office not to issue a passport for a child. If it agrees, it creates a caveat. Its staff guidance says it will not issue a passport automatically while a caveat is in place, or once it knows someone has asked for one.

When it needs that extra consent, the Passport Office asks for a dated letter with a handwritten signature. The letter must come by post, so that staff can check the signature is genuine, and an email will not usually do. If the letter never arrives, the application cannot go further without a court order.

If the other parent is holding the old passport

You cannot simply report it lost. For a child under 16, the Passport Office needs confirmation of the loss from the person who applied for the old passport. If it knows the parents disagree about who should hold the passport, it asks for extra consent as well. The court can deal with who keeps it, and our guide to the passport surrender order explains how a judge can order one handed over.

Check your route to a child passport without consent

Answer three questions. The result shows what the Passport Office is likely to ask for, the court route if consent never comes, and what to check before you book a trip.

Asking the court to authorise your child’s passport

If the other parent will not agree, you can ask the family court to decide. A specific issue order settles one question that has arisen about any part of parental responsibility (Children Act 1989, s.8). The Passport Office tells its staff they can accept these orders when they authorise a passport for a child, or a change of name. For many parents, an order like this is the only route to a child passport without consent once an objection is on record.

The judge treats your child’s welfare as the paramount consideration (s.1(1)). If the other parent opposes the application, the judge works through the welfare checklist in section 1(3). That includes your child’s wishes and feelings, their needs, and any harm they are at risk of suffering. The court also treats delay as likely to harm your child (s.1(2)), which matters when a trip is planned.

Most objections come down to one fear: that the child will go abroad and not come back. Expect to explain where you plan to go, for how long, and what brings you home again. Some parents offer to share every booking in advance. Our guide to the specific issue order explains the wider process.

Applying to court: the form, the fee and mediation

You apply on form C100, and the fee is £270 (GOV.UK: apply for a court order). Before you apply, you usually need to attend a mediation information and assessment meeting, or MIAM (Children and Families Act 2014, s.10). GOV.UK lists exemptions, such as evidence that you are a victim of domestic abuse, a child at risk of harm, or an urgent application. It also says a court order usually takes around 10 months, depending on where you live and your situation. Our C100 form guide takes you through the form itself.

A passport is not permission to take your child abroad

Getting the passport answers only half the question. A parent who takes or sends a child under 16 out of the United Kingdom without the appropriate consent can commit an offence (Child Abduction Act 1984, s.1). That means the consent of the mother, of a father with parental responsibility and of anyone else the Act names, or the court’s permission.

There is one main exception. If a child arrangements order says your child lives with you, you can take them abroad for less than a month without anyone’s consent (Children Act 1989, s.13(2)). That does not apply if the trip would break another court order. GOV.UK also warns you not to book travel until you have a valid passport. For holidays, our guide to taking your child on holiday without the other parent’s permission covers consent letters and what to carry.

Can the other parent get a child passport without your consent?

Yes, in most cases, because the same rule works both ways. If you fear a passport will be used to take your child abroad, GOV.UK tells you to contact the Passport Adviceline (GOV.UK: stop someone getting a passport). It adds that the Passport Office will usually only stop a passport if you have a court order. It also warns against stopping one once a child has been taken overseas, because that can make getting them back harder.

The court has several tools. A prohibited steps order can stop the other parent applying for a passport or taking your child out of the country without the court’s consent. Where a passport already exists, the court can order it handed over. In an emergency, our guide to Tipstaff orders explains what the High Court can do. If you are worried, act before anyone books travel, not after.

Child passport without consent: frequently asked questions

General information about the law in England and Wales, not advice on your circumstances.