If you apply to the Department of Foreign Affairs and Trade (their contact number is XXXXX the previously linked fact sheet) they may decide to issue a passport for your child if they are satisfied that it is not feasible to get the father's permission.

Failing that you will need to apply to the court. Unless the father has a good reason for objecting, or there is some reason the court will be concerned that you will not return the child to Australia, the court will likely grant you the order you need to get a passport. Once you have the passport you won't need the father's permission.

The reason the requirement is in place is to stop parents, typically ones with strong overseas connections, from permanently removing children overseas outside the jurisdiction of the Australian Courts which unfortunately happens all too often when families break down. The same law protects you from having the father secretly obtaining a passport for your child, and then without your knowledge taking them out of the country, never to be returned.

So although it is inconvenient, and sometimes expensive, there is a good legal reason why a parent in your situation may have to apply to the court before being able to travel overseas.

I trust the above assists your understanding.

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