Can one parent block the other from applying for a child's travel document in 2026?
No. According to the Immigration Department's Frequently Asked Questions page on travel documents, the department cannot act on a unilateral request from one parent to stop the other parent from applying for HKSAR travel documents on behalf of their child, or from giving consent to the child's own application — unless there is an order from the Court. The same answer is given for each of the three document types covered on that page: the HKSAR Passport, the HKSAR Re-entry Permit and the HKSAR Document of Identity for Visa Purposes.
What gives each parent the right to apply?
Section 3(1)(b) of the Guardianship of Minors Ordinance (Cap. 13) states that a mother has the same rights and authority as the law allows to a father, and that the rights and authority of mother and father are equal and may be exercised by either without the other.
That wording is the reason the department treats either parent as competent to act alone. Applying for a child's travel document is treated as an exercise of parental authority, so one parent does not need the other's agreement to lodge the application.
Does being in the process of a divorce change anything?
Pending divorce does not change the position on its own. The department's answer for parents who are "in the process of a divorce" is that, unless there is any order from the Court, the legitimate father or mother of a minor has the same rights to apply on behalf of a minor aged under 16, or to give consent for a minor aged over 16 but under 18.
In other words, separation, a filed petition or an interim arrangement between the two of you does not remove the other parent's standing at the counter. Only a court order does that, on the wording of the department's page.
So what does a court order actually do here?
The published position works in the negative: without an order from the court, the department cannot act on a unilateral parental request to prohibit the other parent. The corollary is that a court order is the document that changes what the department can do, because it defines who holds rights and authority over the child.
The Immigration Department's FAQ page does not set out which kinds of orders qualify, how they are served on the department, or what the department does once one is produced; the effect of a particular order depends on its own terms.
Does the same rule apply to Re-entry Permits and Documents of Identity?
Yes. The same question and answer appear in the HKSAR Passport, HKSAR Re-entry Permit and HKSAR Document of Identity for Visa Purposes sections of the FAQ page, all citing Section 3(1)(b) and all repeating that the department cannot act on a unilateral request without a court order.
What if the parents were never married?
The position differs for an illegitimate child. Under Section 3(1)(c) of the Ordinance, the mother has the same rights and authority she would have under Section 3(1)(b) if the minor were legitimate. The father has only such rights and authority, if any, as a court has ordered on an application brought by the father under Section 3(1)(d).
How does age change who signs?
The threshold used on the page is 16. For a child aged under 16, a parent applies on the child's behalf. For a child aged over 16 but under 18, the parent gives consent to the child's own application.
A separate rule applies to younger children without identity cards. Eligible children under 11 who do not hold a Hong Kong permanent identity card must have the permanent identity card application submitted together with the HKSAR Passport application, and the form must be signed by a parent or legal guardian. Children of any age travel on their own passport; the department's page states that a child cannot be included in a parent's passport.
What to expect on timing
For HKSAR Passport applications, the department pledges to complete the processing in 5 working days after receiving all necessary documents, the application fee and a photograph, and in 10 working days for children aged under 11 who do not hold a Hong Kong permanent identity card. Applications not submitted in person, for example by drop-in box, may need an extra 2 to 3 working days, and the pledge also depends on individual circumstances and the volume of applications at the time.
This timing tells you how quickly a document can be issued once the other parent applies. It is not a window in which you can intervene, because the department will not hold up or refuse the application on one parent's objection alone.
Where this leaves a parent who objects
The practical sequence the published guidance implies is: parental authority is equal by default; an application by either parent is valid unless a court has ordered otherwise; and the lever available to a parent who wants to prevent travel is a court order rather than a request to the department.
Assume a mother who has separated from the child's father applies for the child's HKSAR Passport and asks the department to block the father from doing the same. On the published position, the department cannot act on that request without a court order, and the father's separate application remains within the rights Section 3(1)(b) gives him.
This article describes how the department's published guidance reads and is general information only; it is not legal advice on your family's situation, and whether an order affects a particular application depends on the terms of that order and the official wording in force at the time, so confirm both before relying on any of it.
Frequently Asked Questions
Can the Immigration Department stop my ex-spouse from applying for our child's passport?
No, not on your request alone. The department states that without an order from the court it cannot act on a unilateral request from either parent to prohibit the other parent from applying on behalf of the child or giving consent. A court order is what changes the position.
Do I need my ex-spouse's consent to apply for my child's HKSAR Passport?
No. Under Section 3(1)(b) of the Guardianship of Minors Ordinance, the rights and authority of mother and father are equal and may be exercised by either without the other, so either parent may apply for a child under 16 alone. Being in the process of a divorce does not alter this unless the court has ordered otherwise.
Does this rule cover Re-entry Permits and Documents of Identity as well?
Yes. The same answer appears in the HKSAR Passport, HKSAR Re-entry Permit and HKSAR Document of Identity for Visa Purposes sections of the department's travel documents FAQ page. Each cites Section 3(1)(b) and repeats that a unilateral parental request cannot be acted on without a court order.
What rights does an unmarried father have over a child's travel document application?
Under Section 3(1)(c) of the Ordinance, the mother of an illegitimate child has the same rights and authority as she would have if the child were legitimate. A father has only such rights and authority, if any, as a court has ordered on his application under Section 3(1)(d).
At what age does a child apply personally instead of a parent applying for them?
The page uses 16 as the dividing line. A parent applies on behalf of a child under 16, while a child aged over 16 but under 18 applies personally with a parent's consent. Children under 11 without a permanent identity card must have that card applied for at the same time as the passport.
Will the department tell me if the other parent has applied?
The FAQ page does not say. It does confirm that after an application is submitted through the Internet or the Immigration Department Mobile Application, its status can be checked online by entering the application reference number and the applicant's day and year of birth, and the status is shown only if that information matches the Immigration Department's records.