Taking a child abroad: passport, consent and travel bans
If the parents are together, either one can apply for the child's passport and travel with the child. If they are separated or divorced, the passport office asks for the court's custody papers and the other parent's presence or written consent. Where the other parent refuses, or a court has appointed a guardian or a custody case is running, the Guardian Court decides whether the child may travel. A parent who fears the child will be taken out of Pakistan can ask that court, urgently, to stop it.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Passport, separated parents
- Custody papers + other parent's consent or presence
- Court-appointed guardian
- Court's leave to take the child away (GWA s.26)
- To stop a removal
- Urgent application to the Guardian Court
- The test
- The child's welfare
Getting the child a passport
Under the Passport Rules 2021, a minor’s passport can be applied for by either parent or by a court-appointed guardian. The child needs a NADRA B-Form (or a NICOP for children with one).
Where the parents are separated or divorced, the passport office asks for:
- custody papers from a court, and
- the other parent’s presence at the office, or their consent on attested non-judicial stamp paper.
If you have no custody order, or the other parent will not consent, the route is the Guardian Court: apply for custody or guardianship, and for a direction that the passport be issued. Check the current list at the passport office before you go; requirements change.
Travelling with only one parent
Carry the child’s passport, B-Form, your CNIC or NICOP, and a signed consent letter from the other parent with a copy of their CNIC. Immigration officers may ask questions when one parent travels alone with a child, and many destination countries and airlines expect a consent letter. If you have a custody order, carry a certified copy.
When you need the court's permission
- A guardian appointed by the court may not take the child out of that court’s jurisdiction without its leave (section 26 of the Guardians and Wards Act).
- A custody case is pending, or a custody or visitation order is in force: taking the child abroad without permission can breach the order and count heavily against you in the case.
- The other parent refuses consent for a passport, a holiday or a move.
The court looks at the child’s welfare, the purpose and length of the trip, and how the other parent’s contact will continue. For a holiday it may allow travel on conditions: a return date, an undertaking, a surety or deposit of the passport on return. A permanent move is a much bigger application.
Stopping a child from being taken abroad
If you believe the other parent is about to take the child out of Pakistan without your agreement:
- Apply urgently to the Guardian Court for an order restraining removal, and for the child’s passport to be deposited with the court.
- Ask for directions to the authorities, so the passport office and immigration are told.
- Ask about the exit lists. The Exit Control List is run by the federal government under the Exit from Pakistan (Control) Ordinance, 1981; other lists, such as the Passport Control List, also exist. The Islamabad High Court reviewed how names are placed on these lists in 2025. A court order is usually the faster first step.
Act early: once a child has left, bringing them back is far harder.
If the child has already been taken
Contact a lawyer at once. What can be done depends on the country the child was taken to, including whether it and Pakistan both apply the Hague Convention on child abduction, and on the orders already in place in Pakistan. Collect the child’s travel details, any messages about the trip, and every court order.
Documents to have ready
For a passport, for travel, or for a court application.
Relevant Pakistani judgments
A QR-verifiable CFMS copy did not satisfy the certified-copy rule in a guardian appeal
Sadam Hussain v. Mst. Shahneela and others
Issue: Does a digital copy of a Family Court order downloaded from the court's Case Flow Management System (CFMS), verifiable by QR code,…
Held: No. Rule 22(3) of the Family Court Rules 1965 expressly requires a certified copy, and a CFMS copy does not meet it even though it can be authenticated by QR code. But because the appellate court did not object at…
Art. 199, Constitution of Pakistan 1973r.22(1), Family Courts Rules 1965r.22(3), Family Courts Rules 1965s.25, Guardians and Wards Act 1890
High Court custody relief is provisional; a parental agreement cannot override the child’s welfare
Mst. Farah d/o Mukhtiyar Ahmed Khan v. Province of Sindh and others
Issue: Can the High Court, in a constitutional petition for recovery of a young child, decide custody when the father relies on a…
Held: Only provisionally. Article 199(1)(b)(i) may be used in exceptional cases to protect a minor's immediate welfare, but final custody is for the Guardian Court. Given the girl's tender age, the principles of hizanat and nothing showing the mother unsuitable, provisional…
A child’s preference must be heard, but within the whole welfare inquiry
Kashif Mehmood v. Saadia Fida etc.
Issue: How much weight should a court give a child's own preference in a custody case?
Held: A child capable of forming an intelligent preference must be meaningfully heard, but that preference is weighed with the child's existing care, education, stability and overall welfare rather than treated as a binding or isolated choice. Maternal custody and the…
s.17, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890
Common questions
Can a divorced mother get her child's passport without the father?
She needs the court's custody papers and the father's presence or attested consent. If he refuses, she can ask the Guardian Court to direct that the passport be issued.
The other parent refuses a holiday abroad. What can I do?
Apply to the Guardian Court. It can allow the trip on conditions, such as a fixed return date and an undertaking or surety.
Can I move abroad with my child while the custody case is running?
Not without the court's permission. Leaving without it can breach the court's orders and damage your case.
Is a child's name put on the ECL automatically when a case is filed?
No. Restraining a child's travel needs a specific court order, or a listing decision by the authorities.
Legal basis
- DGI&P: general requirements for passportMinors; separated or divorced parents (Passport Rules 2021)
- Guardians and Wards Act, 1890: s.26 (Pakistan Code)Removal of a ward from the court's jurisdiction
- Exit from Pakistan (Control) Ordinance, 1981The Exit Control List
- Islamabad High Court, W.P. No. 51 of 2025Placement on the ECL, PCL and PNIL
- Child custody and guardianship in Pakistan (our guide)
Worried about a child travelling, or not being allowed to?
Tell us where the child lives, what orders exist and the travel dates. If it is urgent, say so: we can apply to the court quickly.
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