My parents live in England. They are getting very old and I want my children to meet them while they are still alive. I have discussed this many times with my ex-partner before we separated and she always thought it was a good idea but we could not afford it. I have been saving up for this purpose ever since our divorce. Now I am finally ready to go but she is refusing to sign their passports.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Penrith 2570 NSW
- You should first try mediation with a Family Dispute Resolution Practitioner to resolve this issue. Mediation can be useful at any time after separation even if most of your parenting arrangements are in place and you just need to negotiate about a single issue.
- If this does not work then you can apply to the Australian Passports Office under their ‘special circumstances’ provision and ask them to issue the passport without the consent of the other parent. You will need to talk to them about what documents you will need to support your application.
- You can also apply to the court. If you think this is a step you need to take it is a good idea to get some legal advice about other issues that may arise to do with overseas travel.