5 Comments Family & de facto law, financial agreements, consent orders
It depends a bit on nationality of the child (including any they may have by birth). If there is nothing in place on agreements in terms of them leaving the country, e.g. holiday, which may be the case, I'd ask the other parent if a passport has been issued and what for.
If you think there is a real risk the child may be taken out of the country a court application can be made to put them on a watch list that essentially stops them leaving the country.
If they did leave and wouldn't return, then in most cases, the child will be returned with a court order under the Hague Convention to which most countries are signatories. A few aren't, but even than a recovery order can often be obtained. Child abduction would be very seriously.
I'm assuming it is an Australian passport? if so almost impossible to get without either both parents signature witnessed by a third party OR court orders stipulating that dad's signature is not required. Again not easy to get....
Almost impossible - She could forge his signature...
Try this - Ask the mother. If she goes overseas with the kid and it doesn't interrupt dad's time then whatis the big deal....
My ex refused to sign our youngest's passport renewal. I had to fill in a different form (non parental consent, or something) and the passport office phoned him and wrote to him to get his consent directly...they emailed him the documents to sign and he eventually did. There was no reason for my ex to refuse to sign, was just being difficult. As Emac01 said, it's incredibly difficult for a passport to be issued without both signitures.
If the father has not given permission for the passport and is worried that the mother may abduct / disappear with the child, then he can place them on the Airport Watch List ( Family Law Watchlist )
http://www.afp.gov.au/policing/family-law/family-law-kit.aspx#thefamily - please read as may require a Family Court Order.
DoogleMcFroogle 2016-03-11 14:47:54