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QLD Mother Refuses to Sign Children's Passports - Options?

Discussion in 'Family Law Forum' started by Shane DB, 17 October 2014.

  1. Shane DB

    Shane DB Member

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    I wish to get my 2 children passports so that I can give my children the experience of international travel while enjoying a family holiday. The mother refuses to sign the section requiring her consent or to even respond to written requests to consider the notion.

    I have the children in my care close to 100% although it is not as sole custody of children, but merely because the mother chooses not to live near the children or visit them regularly. The mother pays no child support maintenance and continues to disregard the family law Final Orders including her need to have ongoing therapy to address her 'adult global functioning'.

    I have been given advice that to overcome the mother's lack of cooperation, I will need to go back to court and open up the Orders for variations. I have been quoted $9000 to do this. Apart from the cost, which is unaffordable, the stress of pursuing this action would have a large negative impact on myself and the children who have already had to deal with years of difficulty because of their mothers' poor behavior and decisions. The intent of requiring both parents consent for children passport is to help mitigate the issue of child international abduction which is of no consideration in this case.

    For the sake of dealing with a mother who otherwise has very little input into the day to day living of her children is it really necessary to drag everyone through the court system or is there a way around it?
     
  2. Michelle01

    Michelle01 Active Member

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    I remember going through the same thing a few years ago, you can apply for 'special circumstances' through the passport office (forms are on their website). I didn't end up needing to, so I'm not sure how involved it is or if it costs more, but it is an option.
     
  3. Sophea

    Sophea Well-Known Member

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    Dear Shane DB,

    Yes, technically applications for children's passports need to be signed by all persons with parental responsibility (i.e. generally those cited on birth certificate, unless court orders have been obtained to preclude one parent from responsibility).

    If you need to lodge an application for a child's passport without your ex's consent you must complete an additional statement to be lodged with the application. Assuming both you and your ex are named on the birth certificates, you will need on a form B9 and give details of your circumstances. You can download it here: https://www.passports.gov.au/Web/Newppt/B9_2005.pdf

    Your application will then be referred to the minister for a decision.
     
  4. Shane DB

    Shane DB Member

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    Thanks Sophea,

    The problem that will exist for me is that my understanding of this form is that it is for special or extenuating circumstances and I am not sure the issue of the mother merely being frustratingly recalcitrant is enough to have such an application made successful and the most likely outcome for me would be a referral back to the court anyway. I would hope that I am wrong but if it were possible is there a way to fill out this form which would make the application more likely to be successful? What would be some of the key indicators that the Minister would look for in an application for it to be granted?
     

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