If the other parent refuses consent for a child under 16 to obtain a U.S. passport, first examine the existing custody order and the State Department’s exceptions. If no exception applies, a family-court order specifically authorizing passport issuance may be needed. A refusal is not automatically an administrative emergency exception.
Read the custody documents carefully
The under-16 passport process ordinarily requires both parents or guardians to participate or provide the permitted consent. Sole legal authority, a qualifying court order, and other documented exceptions can allow one-parent application. Primary physical custody is not necessarily sole legal custody. [1]
A court order should clearly address the authority relevant to the dispute. Permission for a trip and authority to obtain the passport can raise related but different issues, particularly if existing orders restrict international travel.
DS-5525 is a limited process
The Statement of Exigent/Special Family Circumstances requests information explaining why the required consent cannot be obtained. It does not guarantee approval merely because parents disagree or a vacation is booked. Provide truthful, detailed information and the requested evidence. [2]
For example, inability to locate a parent despite documented efforts can require a different presentation from a known parent who expressly objects. Safety concerns should also be addressed through appropriate legal and protective channels rather than mischaracterized as ordinary unavailability.
Preparing for court
- Collect the current custody and travel orders.
- Document requests for consent and the response without harassment.
- Explain the child’s proposed travel, dates, destination, and return arrangements.
- Ask for clear passport and travel authority suited to the actual dispute.
- Follow notice and emergency-motion rules in the family court.
Do not submit forged consent, conceal a restrictive order, or remove the child in violation of custody law. A passport is an identity and travel document, not independent authorization to disregard parental or court rights.
See what proves sole legal custody for a passport and which parent keeps a child’s passport after divorce. Children aged 16 or 17 follow different rules, so confirm age before selecting the process. Expedited passport processing can accelerate an eligible application but does not excuse missing legal authority.
Primary sources
Sources checked: October 31, 2026.