What If One Parent Won’t Sign a Passport Application? | Wallen Family Law
with Melody van der Wallen, Principal Lawyer at Wallen Family Law
When parents share parental responsibility, both must usually agree before a passport can be issued for their child. But what happens if one parent refuses to sign — or you’re worried about your child being taken overseas without your consent?
Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a more common issue than many people realise. “It often arises when one parent wants to travel overseas for a family event, while the other has safety concerns or feels excluded from the decision,” she explains.
The Law Around Passports and Consent
Under Australian law, both parents who have decision making responsibility must give written consent for a child’s passport to be issued.
“If one parent refuses or can’t be located, you can apply to the Federal Circuit and Family Court of Australia for orders allowing the passport to be issued without their signature,” Melody says. “The Court has power to authorise one parent to proceed in the absence of consent.”
The Court will only make such orders if it’s satisfied that travel is in the child’s best interests and that appropriate safeguards are in place.
When the Court Can Step In
“The Court can make orders for the passport to be issued and to allow the child to travel — or, conversely, to prevent a child from leaving Australia if there’s a risk they won’t be returned,” Melody explains.
If one parent refuses consent without a valid reason, the Court will weigh factors such as:
The purpose of travel and duration of time overseas
Whether the trip supports the child’s family relationships or cultural ties
Any risks of non-return or abduction
The child’s best interests, safety and emotional wellbeing
“Where travel is genuinely for a family event or holiday, the Court will often approve it, provided return arrangements are clear,” Melody notes.
Watchlist (Airport) Orders
If there’s a genuine concern that a parent may attempt to take a child out of Australia without consent, the Court can make a Family Law Watchlist Order (formerly known as an Airport Watchlist Order).
“This is a protective measure,” Melody explains. “It prevents a child’ from departing Australia through any airport or seaport while the order is in force.”
The Watchlist is maintained by the Australian Federal Police and can be applied for urgently, even before other proceedings are finalised.
“It’s particularly useful where there’s a risk of international relocation or a fear the other parent may not return the child,” she adds.
Practical Steps if Consent Is Refused
Melody advises parents to act early if consent issues arise.
Communicate clearly: Try to provide all relevant travel details — dates, destinations, accommodation, and contact information.
Document everything: Keep written records of requests and responses.
Seek legal advice: Early guidance can help determine whether negotiation, mediation, or a court application is needed.
Apply to Court if necessary: The Court can make orders authorising passport issue, permitting travel, or placing the child on the Watchlist.
“Taking calm, informed steps protects both your child and your peace of mind,” Melody says. “It’s about safety and clarity, not conflict.”
Quick Answers
Can one parent apply for a passport without the other’s consent?
Not usually. Both parents must sign, unless the Court authorises otherwise.
What if the other parent refuses to sign?
You can apply to the Court for an order allowing the passport to be issued without their signature.
What if I’m worried my child will be taken overseas?
You can apply for a Watchlist Order to prevent your child from leaving Australia.
Can Watchlist Orders be urgent?
Yes. The Court can make urgent Watchlist Orders, and the Australian Federal Police will act immediately once notified.
Does a passport order mean travel is automatic?
No. The Court still considers the child’s best interests, return arrangements, and any safety concerns before granting travel permission.
From Melody
“Disagreements about passports and travel can be emotional, but they can also be resolved calmly with the right legal steps. Whether you need permission to travel or protection against unauthorised travel, we can help you obtain clear and enforceable orders — including Watchlist protection if needed.”
– Melody van der Wallen, Principal Lawyer, Wallen Family Law
