What to Do When a Parent Refuses to Sign a Passport?

When your child’s other parent will not sign the passport application, the reliable fix is a family court order that specifically authorizes you to obtain the passport without their consent. Federal rules require both parents of a child under 16 to approve the application, and the State Department has no administrative process built for a parent who is reachable and simply says no. Knowing what to do when a parent refuses to sign a passport starts with understanding why the signature is required, what limited workarounds exist, and when to go straight to court.

Why the Other Parent’s Signature Is Required

Under 22 CFR 51.28, both parents or legal guardians must sign Form DS-11 for any passport applicant under 16.¹ Both parents are expected to appear in person with the child at an authorized acceptance facility, take an oath, and sign in front of the agent.² The rule exists to prevent international parental abduction, and it is enforced strictly.

If the other parent is willing but cannot appear, they can sign Form DS-3053 (Statement of Consent) before a notary and provide a photocopy of their ID; that consent is valid for 90 days. That form solves an availability problem, not a refusal. When the other parent is alive, reachable, shares custody, and refuses to cooperate, none of the standard exceptions apply, and you are in a gap the regulations do not resolve with a form.

Try DS-5525, but Expect Limits

The State Department points parents in unusual situations to Form DS-5525 (Statement of Exigent/Special Family Circumstances). The form covers time-sensitive emergencies and “special family circumstances” that make obtaining consent “exceptionally difficult or impossible.”³ Active refusal is not specifically listed, and the Department’s own guidance frames the form as the option for when “you cannot find the other parent.”²

You can submit DS-5525 arguing that the refusal makes consent impossible, and each case is reviewed individually. The Department may ask for supporting documents such as a custody order or restraining order. There is no guarantee of approval, and in practice the Department is cautious about issuing a passport over one parent’s objection without a judge’s backing. Treat DS-5525 as worth a try, not as a plan.

Getting a Court Order That Authorizes the Passport

22 CFR 51.28 recognizes court orders “specifically authorizing the applying parent or legal guardian to obtain a passport for the minor, regardless of custodial arrangements” as valid grounds for one-parent issuance.¹ This is the direct path.

File in family court. If you already have an open custody case, this is usually a motion inside that case rather than a fresh filing. If you don’t, you may need to open one. Filing fees for family court petitions generally range from $50 to $450 depending on the jurisdiction.

The judge decides whether issuing the passport serves the child’s best interest. Factors that tend to help your case:

A clear purpose for the travel, such as a planned family vacation, an educational trip, or a visit to relatives abroad.
Evidence there is no flight risk: return tickets, a full itinerary, and proof of ties to the community like employment and school enrollment.
Travel that does not interfere with the other parent’s custody or visitation time.
A refusal that appears unreasonable, without any articulated safety concern behind it.

Expect conditions. Judges commonly require you to surrender the passport to the court or a neutral third party after the trip, provide the other parent with a complete itinerary, or post a bond guaranteeing the child’s return. These conditions are designed to protect the objecting parent’s interests while still allowing the travel.

How Your Custody Arrangement Changes Things

Sole legal custody is the easiest situation. You can apply without the other parent’s signature by presenting a certified copy of the custody order at the acceptance facility.² The order must either grant you sole legal custody outright or specifically authorize you to obtain the passport, and the Department may still ask for additional evidence confirming your authority.¹

Joint legal custody is where refusals cause the most trouble. Both parents share decision-making authority, and international travel counts as a major decision. A refusal forces you into court for a specific order overriding the objection. Some custody orders already include language about passports or international travel. If yours says something like “either parent may obtain a passport for the child,” that clause alone may be enough to apply.

If you are negotiating or modifying a custody order now, push for explicit passport and international travel language. One clear sentence up front can prevent months of litigation later.

If Your Child Is 16 or 17

The two-parent consent rule only applies under 16. For applicants aged 16 and 17, the standard is much lower: they need to show that one parent is aware they are applying.⁴ Awareness can be shown in any of these ways:

One parent goes to the acceptance facility with the teen and signs Form DS-11.
The teen brings a signed note from one parent and a photocopy of that parent’s ID.
The teen pays with a check or money order that carries one parent’s name.

If your child is 16 or 17, the other parent’s refusal is largely beside the point. You can accompany your teen, sign yourself, and satisfy the awareness requirement without the other parent’s involvement. At that age, the passport also runs for 10 years rather than the 5-year book issued to younger children.⁴

When You Need To Travel Soon

Family courts can schedule emergency hearings on short notice when a genuine crisis exists. You will need to document the urgency with medical records, a death certificate, or other proof that delay would cause real harm. A temporary or emergency order can authorize the passport quickly if the judge is satisfied.

The Department of State separately offers a life-or-death emergency passport service for travel needed within the next two weeks because an immediate family member abroad has died, is in hospice care, or has a life-threatening illness or injury. Immediate family here means a parent, child, spouse, sibling, or grandparent, and traveling abroad for your own medical treatment does not qualify.⁵ Important caveat: this service speeds up processing, but it does not waive the two-parent consent requirement. You still need both signatures, a court order, or another qualifying exception before the passport can be issued.

For non-emergency but time-sensitive travel, standard processing takes 4 to 6 weeks and expedited processing takes 2 to 3 weeks for an additional $60. Neither figure includes mailing time, which can add up to two weeks in each direction.⁶ If you are also pursuing a court order, build the court’s timeline on top of these windows.

What It Costs

Beyond any legal fees, the direct passport costs at 2026 rates are:

Child under 16, passport book: $100 application fee plus $35 acceptance fee, totaling $135.
Child under 16, passport card: $15 application fee plus $35 acceptance fee, totaling $50.
Applicant aged 16-17, passport book: $130 application fee plus $35 acceptance fee, totaling $165.
Expedited processing: an additional $60 on top of the above.

Passports for children under 16 are valid for five years; passports issued at 16 or older are valid for ten.⁷ Notary fees for Form DS-3053 vary by state but are generally modest.

If the Other Parent Keeps Refusing After a Court Order

Once a judge has ordered the other parent to consent and they still refuse, the enforcement tool is contempt. Civil contempt is designed to coerce compliance, with escalating fines or jail time until the parent cooperates. Criminal contempt punishes the past defiance with a fixed penalty whether the parent eventually complies or not. Courts can also order the non-compliant parent to pay the other parent’s attorney fees and court costs incurred in enforcing the order.

Persistent obstruction can also affect custody itself. Judges have wide discretion, and a pattern of blocking travel, ignoring orders, or using consent as leverage can be treated as evidence that the refusing parent is not acting in the child’s best interest. That can shift legal custody or expand the cooperative parent’s decision-making authority in later proceedings. A refusal that looks motivated by spite or control rather than genuine safety concern tends to cost the refusing parent credibility on other custody issues as well.

1
eCFR. 22 CFR 51.28 – Minors
2
U.S. Department of State. Apply for a Child’s Passport Under 16
3
U.S. Department of State. Form DS-5525 Statement of Exigent/Special Family Circumstances
4
U.S. Department of State. Apply for Your Passport as a 16-17 Year Old
5
U.S. Department of State. Get a Passport if you Have a Life-or-Death Emergency
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U.S. Department of State. U.S. Passports
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U.S. Department of State. Passport Fees