03/03/2026
Children’s Passports:-
When parents separate, practical issues involving children often become legally complicated and applying for or using a child’s passport is a common source of disagreement. Understanding how parental responsibility affects passport decisions can help avoid disputes and potential legal consequences.
What Is Parental Responsibility?
Parental responsibility (PR) refers to the legal rights, duties, powers, and responsibilities a parent (or certain others) has in relation to a child and the child’s property. It includes making important decisions about a child’s upbringing, including education, medical treatment, religion, and international travel.
A child’s mother automatically has parental responsibility at birth.
A father will usually have parental responsibility if:
• he is married to the mother at the time of the child’s birth, or
• he is named on the birth certificate (for births registered after 1 December 2003 in England and Wales), or
• he acquires PR through agreement or court order.
Others, such as adoptive parents, guardians, or individuals granted a Child Arrangements Order specifying the child lives with them, may also hold PR.
Who Can Apply for a Child’s Passport?
A person with parental responsibility may apply for a child’s passport. However, the application process requires confirmation that everyone with parental responsibility consents to the passport being issued.
HM Passport Office expects applicants to obtain consent from all individuals with PR before submitting the application.
Providing inaccurate information or failing to disclose someone with PR can result in:
• delays or refusal of the application,
• potential legal consequences.
Do Both Parents Need to Agree?
In most cases, yes. Because obtaining a passport enables international travel, it is considered a significant decision affecting a child. Where more than one person holds PR, decisions of this nature should be made jointly.
If one parent objects, the Passport Office may:
• pause processing the application, or
• refuse to issue the passport until the dispute is resolved.
Taking a Child Abroad: Legal Rules
Having a passport does not automatically mean a parent can take a child abroad.
The legal position depends on existing court orders:
Where There Is No Child Arrangements Order
A parent must obtain the consent of everyone with parental responsibility before taking the child out of the UK, even for a holiday.
Taking a child abroad without consent may amount to child abduction under UK law.
Where a “Lives With” Child Arrangements Order Exists
A parent named in a Child Arrangements Order as the person the child lives with may take the child abroad for up to 28 days without obtaining additional consent, unless the order states otherwise.
Longer trips or relocation abroad always require consent or court permission.
What Happens If Parents Disagree?
If agreement cannot be reached, either parent may apply to the Family Court for:
• a Specific Issue Order by asking the court to decide whether a passport should be issued or travel allowed; or
• a Prohibited Steps Order preventing a passport application or preventing the child from being taken abroad.
The court’s primary consideration will always be the child’s welfare, not the parents’ preferences.
Practical Tips for Parents
• Communicate early about travel plans or passport renewals.
• Provide written consent where possible.
• Share travel details (dates, accommodation, contact information).
• Check whether any court orders affect travel rights.
• Seek legal advice before refusing consent, particularly if concerns relate to relocation risk.
If you wish to obtain more detailed and specific advice, please contact 01543 420000 and ask to speak to a member of our Family Department who will be happy to assist you.
