Children’s passports regularly feature as an area of conflict for warring exes.

Children’s passports regularly feature as an area of conflict for warring exes.

Passport and travel matters are often mentioned as part of wider familial concerns, and separated parents who are hoping to go on holiday should raise any issues with their ex-partner as soon as possible.

Stephanie Smart, paralegal in the family team at Wake Smith Solicitors, looks at how separated and divorced parents should not put off tackling the topic of passports for their children ahead of future holiday plans.

If parents cannot reach an agreement, contact us and we will be able to advise on the court application best suited to their matter, if applicable.

This article covers:

• Obtaining a child’s passport
• Refusing consent for a passport
• Passport validity
• Who should keep the passport for the child?
• Your next move?

Obtaining a child’s passport

When a child lives with one parent, obtaining a passport can be a complex process.

A child under 16 must have permission for a passport application from a person with parental responsibility. An application form can be located online (gov.uk) or from a main post office.

The mother automatically has parental responsibility for her child from birth, and can give permission, providing the court has not taken parental responsibility away (e.g., an adoption order has been made).

Both parent’s details must be included in the application form. If the child only has one parent, an explanation must be included to explain why i.e. you do not know the father, you are an individual adopter or individual parent that used sperm donation etc). If parent a is deceased, this information must be provided on the form.

If the child is aged 12-15, the child needs to sign the application, as well as someone with parental responsibility (if the child cannot sign, section 8 of the form must be completed and/or a cover letter provided from the parent, carer or GP.

The father may acquire parental responsibility and can give permission if he:

• was married to the mother at the time of the child’s birth
• was married to the mother at any time after the child’s birth
• has a parental responsibility order or agreement
• has a child arrangements order which grants parental responsibility, or
• is named on the birth certificate and the birth was jointly registered on or after 1 December 2003 in England and Wales

If the application is for a child, and there are any parental responsibility orders or other court orders in place then copies of the orders or evidence of agreement, plus a copy of the birth certificate, should accompany the passport application.

Refusing consent for a passport

Typically, a parent refuses consent, because:

• They are worried the child will miss learning at school
• They are worried the parents will be fined by the Local Authority for missing school
• The plans for travelling are incomplete or inappropriate
• They believe the other parent, or the child is not well enough to go abroad
• They are uncomfortable with the child leaving the country without them or with their ex’s new partner
• There are safeguarding or welfare concerns
• They are worried the child will not return

There may also be issues with refusing to give the other parent a passport that is already valid.

Passport validity

To travel internationally, a passport typically needs to be valid for at least six months beyond your intended departure date from the country you are visiting.

This means those looking to travel abroad next summer will need to check the expiry date, and if it has less than six months of validity, it is recommended to apply for a new passport before travelling.

The process of getting or renewing a passport in the UK is relatively simple and affordable and currently UK processing times average three weeks for online applications and ten weeks for paper applications via post. These timelines begin from when the passport office receives your documents.

Who should keep the passport for a child?

The passport belongs to the child; however, it should be kept safe by the parents.

For separated parents, especially when a child splits their time equally between households, a passport should move freely between mother and father when it is needed for identification or travel abroad.

This can be agreed informally between the parents.  The agreement should confirm which parent holds the passport and who can travel with your children. However, if you cannot reach an agreement, mediation is advised. You may wish to apply for a Specific Issue Order (Children Act proceedings) if you need this matter resolving urgently or cannot agree in mediation.

Stephanie said: “Respectful, open communication with the other parent is crucial to avoid delays and ensure the child's best interests are prioritised.

While it is possible for one person with parental responsibility to apply without the other person’s permission, this approach often fuels further conflict and arguments.

In the worst case, a former spouse might even apply to the courts to block the application, creating more upset through a Prohibited Steps Order.

For couples in conflict, children’s passports and travel to another country can be a contentious topic as they might feel nervous about their children going abroad without them, or with their ex’s new partner.

Others might resent their former spouse spending money on a holiday when they feel more should be going towards child support.

The travelling parent should provide the other parent with the travel details, including, but not limited to; flight details, accommodation details, who is travelling, and how any missed contact time might be rearranged or cancelled.

There should be an agreement that the primary carer is provided with the child’s passport for safe keeping on the return of the child to the country or at the next contact handover.

In the majority, it is the primary carer that retains the passport, but other arrangements can be agreed by the parties or ordered by the court.

The advice to anyone wanting to travel abroad next year is to discuss the matter with your ex as soon as possible to avoid delays. If your relationship has broken down, speak to a professional family lawyer or mediator with experience in finding a solution.”

Your next move?

Are you a separated parent wanting to get a passport for your child, or a parent concerned by your ex-partner wishing to travel with your child, and want to discuss these matters in the months leading up to the holiday/summer break?

Stephanie Smart, paralegal in the Family Law team at Wake Smith Solicitors, specialises in private children matters including with whom a child should live, and who they should spend time with (Child Arrangement Orders), Specific Issue Orders (SIO) for example, passport applications and ownership, travelling aboard, Prohibited Steps Orders (PSO) for example, relocation, schooling, and safeguarding and welfare concerns.

For further advice contact Stephanie Smart on 0114 266 6660 or email [email protected]  or another member of the team.

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Posted 15/12/2025