Children's Passports with Separated Parents: Is the Other Parent's Consent Required?
For a minor child's passport, both separated parents' consent is required. If consent is unreasonably withheld, you can seek authorization from the Guardianship Judge.
In short: is the other parent's authorization needed?
Yes, the consent of both parents whether married, separated, divorced, or cohabiting is mandatory for issuing a passport for a minor child. This is to protect the child's right to maintain a relationship with both parents, preventing international child abduction. However, with recent regulatory changes DL 69/2023, the procedure has been streamlined when there are no prohibitive judicial orders.
The issuance procedure and regulatory updates
To obtain a passport for a minor child, the applying parent must appear at the police station with the consent form signed by the other parent, accompanied by a copy of the latter's identity document. What changed in 2023: Previously, even a parent applying for their own passport needed the other parent's consent if they had minor children. This rule has now been dropped: a parent can apply for their own document without the ex-partner's consent, unless a judge has expressly prohibited it e.g., due to flight risk. For the minor's passport alone, however, both signatures remain a fundamental requirement. To learn more about the differences between custody types, consult our guide to shared custody/guide/shared-custody-basic-rules.
What to do if the ex denies consent?
If the other parent denies consent without valid justification e.g., out of spite or to prevent the child from going on vacation, the interested parent can approach the Guardianship Judge. The appeal process is relatively quick: 1. The parent submits an application to the court in the child's place of residence. 2. The Judge assesses whether the trip is in the child's best interest e.g., vacation, study, visiting relatives. 3. If no dangers are identified, the Judge issues a decree that replaces the missing consent, allowing the police station to issue the document. In cases of persistent conflicts regarding child-rearing, we recommend reading about how to handle conflicts between separated parents/blog/managing-conflicts-ex-partners.
Other necessary documents for travel abroad
In addition to passports, there are other essential documents for those traveling alone with children: - ID card valid for international travel: follows the same rules as the passport both parents' consent required. - Birth certificate showing parents' names: useful if the parent and child have different surnames. - Judicial authorization: necessary if the trip involves staying abroad for a period that violates separation agreements. Before planning your next trip, also check the advice in our FAQ on travel outside the EU/faq/travel-outside-eu-minors.