Passports Act 2008

14.

Passports for children.

14.— F8 [ (1) Subject to this section, the Minister shall, before issuing a passport to a child, be satisfied on reasonable grounds that

(a) where the child has 2 guardians, each guardian of the child, and

(b) where the child has more than 2 guardians, not fewer than 2 of those guardians,

consents to the issue of a passport to the child. ]

(2) If a parent of a child is not a guardian of the child, the Minister shall, in determining whether to issue a passport to the child without the consent to such issue of that parent of the child, have regard to the circumstances of the case in so far as they are known to the Minister.

(3) Subject to this Act, the Minister may issue a passport to a child without the consent to such issue of a guardian of the child if a court in the State makes an order directing that a passport may be issued to the child without the consent to such issue of that guardian of the child.

(4) If a court in the State makes an order under any enactment which authorises a person other than a guardian of the child (including the Health Service Executive) to give consent to the issue of a passport to the child, the Minister may, subject to this Act and for so long as the order is in force, issue a passport to the child in accordance with the order.

(5) Subject to this Act, the Minister may, on application in that behalf to him or her in accordance with section 6 by a guardian of a child, issue a passport to the child without the consent to such issue of the other guardian F9 [ or, if appropriate, the other guardians ] of the child if it is not practicable or appropriate, by reason of the fact that the first-mentioned guardian and the child are ordinarily resident outside the State, for that guardian of the child to obtain an order of a court in the State directing that a passport may be issued to the child without the consent to such issue of the other guardian F9 [ or, if appropriate, the other guardians ] of the child and the Minister is satisfied that—

( a) having regard to all the circumstances of the case, including whether or not F8 [ any other guardian ] of the child has notified the Minister in writing that he or she objects to the issue of a passport to the child, and

( b) for the purpose of securing the welfare of the child,

a passport should be issued to the child.

F9 [ (5A) (a) Subject to this Act, and on application in that behalf to him or her in accordance with section 6 by a guardian of the child, the Minister may, without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, issue a passport to a child who is ordinarily resident outside the State, where

(i) a court or competent judicial or administrative authority of the state of ordinary residence of the child takes a measure directing that a passport may be issued to the child without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, or

(ii) by operation of the law of the state of ordinary residence of the child, the requirements relating to the consent of the other guardian or, if appropriate, the other guardians of the child have been fulfilled.

(b) Paragraph (a) is without prejudice to paragraph 2 of Article 23 of the Convention.

(c) In this subsection

Act of 2000 means the Protection of Children (Hague Convention) Act 2000 ;

Convention has the meaning it has in section 1 of the Act of 2000;

guardian , in relation to a child, includes a person exercising parental responsibility in respect of the child, within the meaning of paragraph 2 of Article 1 of the Convention;

measure has the meaning it has in section 1 of the Act of 2000;

state means a state that is another contracting state, within the meaning of section 1 of the Act of 2000. ]

(6) Subject to this Act, the Minister may, on application in that behalf to him or her in accordance with section 6 by a guardian of the child or any other person who has an interest in the welfare of the child, issue a passport to the child without the consent to such issue of the other guardian or, if appropriate, any of the guardians of the child if the Minister is satisfied that—

( a) there exist in relation to the child exceptional circumstances involving an immediate and serious risk of harm to his or her life, health or safety requiring him or her to undertake travel for which a passport is required, and

( b) for the purpose of securing the welfare of the child,

a passport should be issued to the child.

(7) A passport issued under subsection (6) shall be valid for such period as the Minister considers appropriate in the circumstances.

(8) The Minister may, for the purposes of subsection (1), regard a consent given in writing by a guardian of a child to the issue of a passport to the child as being the consent of that guardian of the child to the issue of a passport to the child at any time or times after the consent is given until the child attains full age, unless that guardian of the child revokes the consent by notification in writing to the Minister.

(9) Notwithstanding subsection (8), the Minister shall require one guardian of a child who applies to the Minister for the issue of a passport to the child to give consent in writing to such issue.

Annotations:

Amendments:

F8

Substituted (1.07.2015) by Children and Family Relationships Act 2015 (9/2015), s. 100(a) and (b)(ii), S.I. No. 263 of 2015.

F9

Inserted (1.07.2015) by Children and Family Relationships Act 2015 (9/2015), s. 100(b)(i) and (c), S.I. No. 263 of 2015.