Q: My ex and I share custody of our daughter, and I’d love to take her on a trip to visit my family in Europe this summer. I’ve heard stories about people being stopped at the airport if the other parent is not present. Do I really need my ex’s written permission to travel with our daughter?
A: With summer vacation in full swing, planning a getaway with your child can be a wonderful opportunity to make lifelong memories.
However, for separated or divorced parents, it’s important to keep in mind that certain legal steps must be taken before packing your bags.
Whether you’re heading to Paris or New York City, understanding your custody agreement and any necessary travel requirements is important to avoid unexpected complications at the airport or during your trip.
Starting with the basics, in most international travel situations, especially where children are travelling with only one parent or a non-parent guardian, you will need a parental consent form.
A parental consent form is a formal document that shows both parents agree to the travel. Some countries even require this by law.
Border officials may request to see written proof that both parents have consented, especially if your custody arrangement is shared.
If one parent isn’t willing to sign, things can get a little more complex, but not impossible.
In these situations, a judge may order them to provide their consent for the trip, or may waive the requirement for their consent altogether, depending on the situation.
If a court order is already in place, it’s important to carry a copy of the document with you when travelling internationally with your child.
Moving on to passports, in most cases, child passport applications require the consent and signature of both parents to show they agree and authorize the child to have a passport.
If one parent is unavailable or unwilling to co-operate, it is wise to seek legal advice. In these situations, it may be possible to apply for a passport with the consent of only one parent, provided there is a court order allowing it.
Next, it’s important to address the financial considerations involved, because travel can be expensive, and financial responsibilities aren’t always straightforward in shared parenting situations.
If travel costs, such as airfare, passports, accommodation or insurance are significant, it’s a good idea to communicate in advance about who will be paying for what.
In some cases, the cost of travel may be shared between parents if the trip benefits the child.
However, unless there’s a court order or separation agreement outlining how travel expenses are to be divided, you’re generally on the hook for the cost if you’re the one initiating the trip.
This also applies to the cost of a child’s passport. As both parents usually must sign the application, the process can stall if one parent is unco-operative.
If you can’t get the signature, you may need to apply to the court for permission to proceed without it. That often comes with additional legal fees and court costs.
Consider speaking to a family lawyer. It might be the best investment you make to protect your child’s travel plans, and your own sanity.
A family lawyer will be able to help you understand your obligations and assist in securing the documentation you need, whether it’s preparing a proper consent form, responding to an unco-operative co-parent, or applying for a passport when one parent refuses.
Travelling with children doesn’t have to be complicated, but it does require planning and, sometimes, legal help.