Child passports and international travel after separation
Applying for or renewing a UK passport for a child needs the consent of everyone with parental responsibility. When parents can't agree, the family court can decide. This guide covers the process, the two orders you're most likely to need, and how to prepare.
Who has to consent?
HM Passport Office expects agreement from everyone with parental responsibility before it issues or renews a child's passport. That usually means both parents if they were married, or the mother plus anyone else named on the birth certificate, or with a parental responsibility agreement or court order.
If the other parent won't agree
You can apply to the family court for a Specific Issue Order under section 8 of the Children Act 1989. This asks the court to decide the specific question — here, whether the child can have a passport (and often, whether a planned trip abroad can go ahead). The court's paramount consideration is the child's welfare.
If you're worried about abduction
If you're the one objecting because you fear the child won't come back, you can apply for a Prohibited Steps Order to stop the other parent removing the child from the jurisdiction or applying for a passport. In urgent cases the court can hear the application without notice.
Travelling abroad with a child
- You need the written consent of everyone with parental responsibility, or a court order permitting the trip.
- A parent with a "lives with" child arrangements order can take the child abroad for up to 28 days without other consents (section 13, Children Act 1989).
- Taking a child abroad without consent or a court order can be a criminal offence under the Child Abduction Act 1984.
What the court will want to see
- Why the passport or trip is in the child's interests.
- Details of the destination, dates, accommodation and who is travelling.
- Return flights and evidence of ties back to the UK.
- An offer of contact, photos or calls during the trip if that helps.
Draft your application
Our AI tools can draft a Specific Issue Order application (C100) and a supporting witness statement, tailored to your case, in the correct family court format.