How can I apply for a Dutch passport for my child if my ex-partner refuses to cooperate?
If you've planned a holiday abroad with your children, each of them will need their own passport or identity card. But what if your ex-partner will not cooperate with obtainging a new passport or ID?
Applying for a passport or ID
You can apply for a passport or identity card at the municipality ('gemeente') where your child is registered. This is generally a simple matter of filling out a form. However, for children under 18, this form must be signed by both parents if they both have parental custody.
If you are divorced, you will therefore need your ex-partner's consent, and this can sometimes be a challenge.
Until they turn 18, minors require both parents' permission to apply for a passport. However, different rules apply to applying for an identity card ('ID kaart' ). If your child is under 12, you will still need your ex-partner's permission for an ID kaart. However, if your child is older than 12, you no longer need your ex-partner's permission. Your child can apply for itself. This often provides a convenient solution for travel within Europe. Please note that a passport is normally required for travel to countries outside of the EU.
It is advisable to be well-informed about your travel destination and to know which documents are required. Some countries even require a declaration from the other parent that the child is allowed to go on holiday. This is often the case if the child has a different surname than the accompanying parent. You can find more information about this on the website of the Ministry of Foreign Affairs or by contacting the embassy of the country of your travel destination.
What if your ex-partner does not cooperate?
If your ex-partner does not respond to your request or refuses to grant permission, you can request the court to grant substitute permission. This means that the judge will assess the situation and decide whether your child can obtain a passport or identity card without your ex-partner's consent. With the ruling in hand, the document can then be applied for.
This application can be submitted direrctly to the court by the parent, the minor if they are 16 or older, or by a lawyer. A lawyer is not required for this procedure. The procedure is explained here in Dutch only, which can be a good reason to seek assistance from a lawyer. However, this procedure takes several months. Therefore, start applying for a passport and/or identity card for your children well before booking a holiday abroad.
After submitting your application, the judge will give your ex-partner the opportunity to present their opinion or objections. A hearing will then be scheduled, after which the judge will issue a ruling. Relations between parents who initiate such proceedings are generally not good. Therefore, it may be advisable to have a lawyer assist you during the proceedings, but this is not mandatory.
Please note that if you need to request permssion for a foreign passport application, you will need a lawyer to make the application. Read more about this procedure here.
In urgent cases, summary proceedings can be initiated, and you will always need a lawyer for this. The judge's decision-making time for summary proceedings is considerably shorter (a few weeks), and you may still have a chance of making a planned trip. However, it is advisable to start asking your ex-partner before you book a trip requiring a valid travel document.
How can Bowmer & Nuiten help you?
We are happy to assist you with your passport or identity card application if your ex-partner is uncooperative. If necessary, we can request substitute permission from the judge on your behalf. We can also assist you if your ex-partner refuses to provide permission for an upcoming vacation (either at the same time or separately).
For more information on this subject, please contact Selma Akitürkmen.
