Parents Disagree Over a Child's Passport: What Now?

Do both parents need to agree?

In practice, the Immigration Department usually asks for consent from both parents when a child applies for a passport. This comes from Immigration’s own rules more than from the wording of the Passports Act 1966, so check the current requirements with Immigration or a lawyer.

This is because both parents remain the child’s guardians. Divorce does not take away either parent’s rights as a guardian. Our child custody guide explains how custody and guardianship differ.

A passport lets a child leave the country. The consent rule stops one parent from taking the child abroad without the other knowing.

What if your ex refuses to sign?

You can ask the court for an order. The court can direct the Immigration Department to issue the passport without your ex’s consent.

Explain why the child needs the passport, for example study abroad, medical treatment or visiting family. The court decides whether issuing it is good for the child.

The court may add conditions. For example, the passport may be kept by a lawyer or by the court and released only for approved trips.

What if your ex is holding the passport?

Some parents keep the passport so the other cannot travel with the child. If a court order gives you travel rights, doing this may be contempt of court (disobeying a court order).

You can apply for a delivery-up order, which forces your ex to hand the passport over. Ignoring it can lead to penalties for contempt.

A parent who unreasonably holds on to the passport may also be seen poorly by the court in later custody hearings.

When will the court take the passport away?

If there is a risk the child will be taken out of Malaysia without permission, the court can order the passport to be surrendered. This protects the child. It is not a punishment.

It is common when one parent has threatened to take the child overseas. The passport is kept at the court registry, so the child cannot leave.

Under Section 101 of the Act, the court can also order a parent not to take the child out of Malaysia, and the travelling parent may be asked to pay a security deposit. The Guardianship of Infants Act 1961 gives the court further powers to protect the child.

How to handle a passport dispute

A passport fight is often part of a bigger dispute about custody and access. It usually works better to deal with custody, access and travel together.

If you need the passport for a real trip, write down the details: dates, destination, where you will stay and when you will return. This supports your application to the court.

Looking to engage a divorce lawyer? If you are unsure how to get your child’s passport or stop it being misused, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.