If you are a separated/divorced parent who is thinking of renewing or applying for a passport, this article may help you.
Indeed, renewing a passport in the case of separated couples can often be a complicated affair as it requires a declaration of consent from both parents, especially in conflictual separations, where spouses are concerned about the safety of their children.
In fact, not everyone knows that a written consent of the parent is required not only to apply for the minor’s passport but it is actually also required for the passport of the other parent.
Therefore, what makes the consent of the other parent mandatory is the presence of a minor child.
There are several ways on how parents can get passports.
- If both parents are Italian citizens resident in Italy and they have joint custody of their children (minors), who needs to renew or apply for the passport, should obtain the other parent’s written declaration of consent; in this case, the other party provides to sign the document in the presence of the Public Official at the competent office (“Questura”). The signature is not required in the case of one parent has an order for sole parental responsibility.
- If both parents are Italian citizens resident abroad, they can apply for the issue or renewal of their passport at any issuing office in the country they live (Embassy or Consulate).
- If one of the parents is a foreign and/or non-EU citizen resident in Italy, who intends to apply for a passport should provide a written declaration of consent, signed and authenticated by a public official. In addition, the applicant must attach to the application form the non-EU identity card of the other parent as well as a copy of the regular resident permit (permesso di soggiorno, visa, etc.).
- If a parent is a foreign and/or non-EU citizen who is not residing in Italy, in order to sign the other parent’s passport application form he/she should attend the Italian Embassy or Consulate present in the own country of residence. After that, the above written document must be sent by the consular authority to the Passport Office of the Polizia di Stato (competent for the territory) via certified electronic mail (PEC).
What do you do when a parent refuses to sign a passport application?
On the contrary, in the event of a parent’s failure to give consent, the other parent can appeal to the competent court in order to obtain the issue of the passport without a written consent from the other party if legal requirement are satisfied.
If you wish to receive further information or if you have any queries regarding the above matter, please feel free to contact us by emailing at info@theitalianlawyer.com.