Child's Passport Without the Other Parent's Consent: what to do under Georgian law

What to do

1. Rule: a child's passport is issued on the consent of the legal representatives given in person before an Agency employee or a consul (Passport Law, Art. 20²). First try remote consent: either in writing before a notary (Passport Law, Art. 20²), or online before the Agency (Passport Law, Art. 20²); notarised consent given abroad is accepted without legalisation or apostille (Passport Law, Art. 20²).
2. Exceptions: one parent's consent is enough ONLY if (Exit and Entry Law, Art. 8): the child is 16 years old; the other parent has been deprived of parental rights, or those rights have been suspended or restricted by a court; the other parent has been declared missing or dead; the other parent is wanted under the Criminal Procedure Code or is seriously ill and cannot express their will; the other parent's whereabouts are unknown and reasonable efforts to find them have been exhausted; or travel is needed for treatment or for the child's rights, and the other parent's whereabouts are unknown or the parent refuses contrary to the child's interests.
3. Procedure: in the last two cases, a reasoned decision of an Agency official is required (Passport Law, Art. 20²); the deadline is 10 days from filing the documents (Exit and Entry Law, Art. 9), or 3 days where treatment is needed (Art. 9). Against an Agency refusal, a lawsuit may be filed within 1 month of notification of the decision (APC, Art. 22).
4. No exception applies: a dispute between the parents is decided by the court (Exit and Entry Law, Art. 8). Do not confuse the two: leaving the country before 16 requires one parent's permission and an accompanying adult (Art. 8); the obstacle in this case is the passport.
5. Risk: in a case concerning the return of a child, a passport for a child under 16 may be withheld at the request of the central authority (Passport Law, Art. 20²).
6. Bodies: the passport is issued by the Public Service Development Agency (Ministry of Justice) (Exit and Entry Law, Art. 8).
7. Where to apply: Public Service Development Agency (Public Service Hall); Georgian consulate; court.
8. Evidence: birth certificate; court decision on parental rights or on a declaration of absence; certificates of wanted status or illness; evidence of efforts to locate the other parent; treatment documents.
9. Traps: confusing an exit (one parent's permission) with a passport (both parents); “lives abroad” is not an exception; unknown whereabouts without evidence of search.

Be sure to check

• as a general rule a child's passport requires the consent of both parents; ways to give remote consent (consul, notary abroad without apostille, online)
• exhaustive list of cases where one parent's consent suffices (age 16, deprivation of rights, declared absence, unknown whereabouts, treatment, refusal contrary to the child's interests)
• decision by an Agency official and time limits: 10 days, or 3 days for treatment
• if no exception applies, the court decides; a refusal may be appealed to court within 1 month