QLD Consent Orders - Options If Ex Won't Sign Child's Passport Application?

[Mumof2]

Hi, I have just completed FDR mediation from which consent orders were drafted. As part of the conditions, I have asked for the other parent's consent on signing a passport application. It was agreed that he would sign but the passport was to be kept by a third party.

Since this time I have asked for his consent but is now saying he will only sign after 1 year of having the child but we have travel dates to attend a wedding before this date who the child is very close with and has been asked to be a part of the wedding party. He is also using that I'm a flight risk because I also hold citizenship in another country against me in not giving consent earlier. So I'm hoping I'm on the right track by going back to my lawyer and asking her to amend the consent orders so a passport can be issued before this date.

Any help please.

 

[Sophea]

Hi Mumof2,

As you are obviously aware, in order to obtain a passport for a child both parents need to provide their consent unless you have a court order allowing the children to travel. Therefore if your ex absolutely refuses to sign the application your options are (1) applying to the court for orders allowing your child to travel overseas, or (2) requesting that your child's passport application be considered under the 'special circumstances' provided for under section 11(2) of the Australian Passports Act 2005 and section 2.1 of the Australian Passports Determination 2005.

You will need to provide a statement which states why the consent of your ex cannot be obtained and explaining the circumstances surrounding the application and a copy of the child's birth certificate. Your application will be assessed by a delegate of the Minister for Foreign Affairs, however there are no guarantees it will be granted.

 

[Mumof2]

Hi thanks for your reply. So is it right that he can agree in mediation to consent to the passport and then so no to signing afterwards would this be a contravention of the order?

 

[Sophea]

Yes, because consent orders hold the same weight as a normal court order. If you can get him to agree to signing it in consent orders he is compelled to do it.

 

[Mumof2]

Thank you very much glad im on the right track