Travelling internationally with the correct paperwork can help ensure your trip runs without a hitch. But before children can travel abroad with one parent, they may need to fulfil certain requirements set by immigration officials of that country, which can vary. In some cases, verbal consent may be sufficient, but border officials often ask for proof of parental permission to prevent child abduction. So, can consent be withheld by the other parent? What needs to be in the letter, and what format must it take?
Travelling internationally with the correct paperwork can help ensure your trip runs without a hitch. But before children can travel abroad with one parent, they may need to fulfil certain requirements set by immigration officials of that country, which can vary. In some cases, verbal consent may be sufficient, but border officials often ask for proof of parental permission to prevent child abduction. So, can consent be withheld by the other parent? What needs to be in the letter, and what format must it take?
If you have concerns about your family situation or your children and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What circumstances is a consent letter to travel with my child needed?
Every time your child embarks on a journey abroad, either with or without their parents, a new consent letter should be completed. This is because travel consent is unique to each trip, and comprises specific details about the destination, purpose, duration, and the accompanying adult.
You must obtain permission from everyone who has parental responsibility for the child before taking the child out of the country. Unless you have a child arrangements order in place, you may be guilty of child abduction.
What needs to be in the Child Travel Letter and what format should it take?
There are many websites providing templates that generate a custom document. But it is a simple task to write one yourself as long as you have the following information to hand:
Travel plan
You should add a short description of your travel plans and include:
- The child’s destination
- Where they will stay and who they will be staying with
- Start and end dates of the trip
Child’s information
You should provide your child’s full name (as it appears in their passport), birth date, and place of birth. If the child’s surname is different than the travelling parent’s, they may need to prove their relationship to the child using birth certificates, adoption paperwork, or proof of name change.
Supervision
Give details of the person or organisation in charge of supervising your child during their trip. This could be:
- A legal guardian – set out their name, home address, and whether they have parental responsibility. You could also include their passport details if you wanted.
- Another adult – give their name, home address, and relationship to the child. Again, you may include their passport details.
- Group or organisation – state the name of the group or organisation and its address. You will also need to state the name of the supervising adult, and their passport information, if needed.
Final details
If required, you can add the details of the person who should be contacted in the case of an emergency. You should also consider whether you should get the Child Travel Consent notarised by a notary public. This will reduce the chances of border officials questioning the authenticity of the document.
Can consent be withheld by the other parent?
Separated or divorced parents holding parental responsibility may have an agreement in place requiring each parent to give consent to holidays or travel abroad. If you have a child arrangements order in place, it allows the parent with day-to-day care to take their child out of the country for up to 28 days without having to obtain the other’s permission.
It is always better to get the other parent’s consent to avoid any issues further down the line, but if this isn’t possible, you should carry a court order or consent order to prove you can make the decision alone. If the other parent is deceased, it may be sensible to carry the original copy of the death certificate.
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