What consent is needed to bring a child under 18 on a 114 visa in 2026?

Plain-language guide · general information, not immigration advice

Anyone with a legal right to decide where an under-18 applicant lives, and who is not travelling to Australia with that child, must consent to the child migrating on an Aged Dependent Relative visa (Subclass 114). On the Australian Department of Home Affairs official page for the Aged Dependent Relative visa (Subclass 114), as at its August 2026 version, that consent is given either on Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years or in a statutory declaration confirming consent for the child to stay in Australia on this visa. Where consent is not available, the page names two substitutes: an Australian court order allowing the child to migrate, or evidence that the laws of your home country allow it.

Who exactly has to give consent?

The requirement attaches to a legal right, not to biology alone. A person must consent if both of the following are true:

they have a legal right to decide where the child lives, and
they are not coming to Australia with the child.

So a parent who is migrating with the child in the same application does not need to give consent. A parent, guardian or other holder of that legal right who is staying behind does. If more than one person holds the right — for example, both parents after a separation in which each retains a legal say — each person who is not travelling has to consent.

This is separate from Form 47OF Application for migration to Australia by other family members and from the sponsorship on Form 40. Those establish the application and the sponsor; the parental consent documents deal only with who agreed to the child's migration and on what basis.

Form 1229 or a statutory declaration: does it matter which?

The official page presents the two as alternatives, not as a ranked preference. Either one discharges the consent requirement for the child under 18.

Option	What it is	When it is used
Form 1229	The Department's consent form for a child under 18	The standard way to record consent from a person who is not migrating
Statutory declaration	A declaration giving consent for the child to stay in Australia on this visa	An alternative to Form 1229 from the same person
Australian court order	An order allowing the child to migrate to Australia	Used instead of consent where consent is not being provided
Home-country law	Evidence that the laws of the home country allow the child to migrate	Used instead of consent where consent is not being provided

For the Aged Dependent Relative visa, the child is being included as a member of the family unit — the Department's page describes family members for this visa as the applicant's dependent child and stepchild.

What has to accompany the consent?

The consent form or declaration on its own is not a complete answer. The Department's page asks you to include:

an identity document showing the signature and photo of the person who completed the form or declaration, such as a passport or driver's licence, and
adoption papers or other court documents, where they apply.

The identity document is what ties the signature to the person who holds the legal right. Where the child's relationship to you rests on an adoption or a court decision, the underlying paperwork goes in as well.

Alongside the consent, every dependent under 18 applying with you needs identity documents, proof of your relationship with them (such as a birth or marriage certificate), and character documents where they apply.

Does the child need somewhere to live in Australia?

Yes, and this is a distinct requirement from consent. If the child will not be staying with a relative or legal guardian, the application needs Form 1257 Undertaking declaration, signed by the person the child is staying with.

Consent answers the question "who agreed that this child may migrate". Form 1257 answers "who is responsible for the child once in Australia". A child staying with a relative or legal guardian does not trigger the undertaking; a child placed with someone who is not a relative or legal guardian does.

What else applies to an applicant under 18?

Two further points sit behind the paperwork. First, family members who apply with you must meet the health and character requirements, and family members who are not migrating can also be asked to meet the health requirement. Second, the Department states plainly that it will not grant this visa if granting it would not be in the best interests of an applicant under 18. The Migration Regulations 1994 also contain public interest criteria dealing with arrangements for applicants under 18; the Department's current published requirements remain the reference for how those are applied in practice.

Because consent, custody and guardianship turn on individual family circumstances — including whether a court order in one country is recognised for this purpose — treat this as general information about published requirements rather than advice on a particular case, and check the official current guidance or a qualified professional before lodging.

Can the child be added to the application later?

The Department says you may be able to add family members before a decision is made, using Form 1436 Adding an additional applicant after lodgement, together with evidence of the relationship and the family member's passport. Any family member added after you apply must be in Australia at the time you add them, and must meet the health and character requirements.

Practically, that means the consent question is best settled at lodgement. An under-18 child added later still needs the same parental consent analysis, and the added member must satisfy the same health and character requirements.

Frequently Asked Questions

Do both parents have to sign Form 1229?

Only the people who hold a legal right to decide where the child lives and who are not coming to Australia with the child have to consent. A parent migrating in the same application does not; a parent staying behind who retains that legal right does.

Can the other parent use a statutory declaration instead of Form 1229?

Yes. The Department's page accepts either Form 1229 or a statutory declaration giving consent for the child to stay in Australia on this visa. Whichever is used, it must be accompanied by an identity document showing that person's signature and photo.

What if the other parent will not consent?

The official page names two alternatives to consent: an Australian court order that allows the child to migrate to Australia, or evidence that the laws of the home country allow the child to migrate. It does not describe any other route, so a case where neither applies needs to be tested against the Department's current published requirements.

Is Form 1257 needed in every application with a child under 18?

No. Form 1257 Undertaking declaration is required only where the child will not be staying with a relative or a legal guardian. In that situation the person the child is staying with must sign the form.

Does a foreign court order work the same way as an Australian one?

The official page refers specifically to an Australian court order that allows the child to migrate, and separately to the laws of the home country allowing the migration. It does not state that an overseas order is equivalent, so whether one is accepted should be confirmed against the Department's current published guidance.

Does the under-18 child also have to meet health and character requirements?

Family members applying with you must meet the health and character requirements, and the Department may also ask non-migrating family members to meet the health requirement. Character documents are listed for dependants under 18 "if applicable".