Child Visa Refused Because the Other Parent Will Not Consent: Form 1229 and Court Orders
Updated September 2026. When a child under 18 is applying to migrate to Australia and one parent is not travelling, parental responsibility and consent can become a decisive issue. Home Affairs may require Form 1229 or evidence showing that the accompanying parent has sole legal authority to decide where the child lives.
For Child Visa advice, see our Child Visa service.
What is Form 1229?
Form 1229 is Home Affairs’ consent form for a child under 18 to be granted an Australian visa. It may need to be completed by a non-accompanying parent or another person who has parental responsibility.
What if the other parent refuses to sign?
A refusal to sign does not automatically mean there is no possible visa pathway, but the immigration application cannot simply ignore parental responsibility. The applicant may need legally sufficient evidence that the sponsoring or accompanying parent has sole authority to determine where the child lives or to remove the child from the country.
What evidence can show sole parental responsibility?
Depending on the legal system and circumstances, evidence may include:
- court orders dealing with parental responsibility;
- orders permitting international relocation or removal;
- custody or guardianship orders;
- death certificate of the other parent;
- documents showing the other parent’s legal rights have ended; or
- other legally recognised evidence establishing sole decision-making authority.
Why informal consent may not be enough
A text message saying “I am okay with the child going” may not satisfy the Department’s evidentiary requirements. Home Affairs’ Form 1229 instructions require identity documents and, where sole responsibility is claimed, relevant legal documents such as court or travel orders.
What if there is a Family Court case?
If parenting proceedings or existing parenting orders affect international relocation, immigration and family-law issues can overlap. A visa application should not be prepared on assumptions that conflict with Australian or overseas parenting orders.
Can a Child Visa refusal be reviewed?
Some Child Visa refusal decisions may be reviewable by the ART. The refusal letter should state whether review rights exist and the deadline. Where the refusal concerns parental consent, the review strategy should focus on the legal authority and documents that existed or now apply to the child’s relocation.
Should you obtain a new court order and reapply?
That depends on the refusal reason, current family-law position and visa eligibility. A new application may be possible in some cases after the parental-responsibility issue is resolved, but the correct pathway should be assessed before withdrawing any available review right.
Official guidance
Home Affairs publishes Form 1229 – Consent to grant an Australian visa to a child under 18, including the supporting documents required where sole responsibility is claimed.
Need legal help with a Child Visa and parental consent?
Emigrate Lawyers can review the immigration refusal together with custody, guardianship or parenting documents and advise on review or reapplication. Contact our immigration lawyers.
This article is general information only and is not legal advice. Family-law and immigration-law advice may both be required.
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Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
