BlogKarcher RechtsanwälteFamily law · Frankfurt

Traveling with children: which travel documents do I need?

The well-earned holiday is coming up, so it is high time to think about the packing list. Alongside clothes, toys and sun cream you should above all make sure the travel documents for children are complete. That applies in particular where one parent or the grandparents travel alone with a minor child.

Mieke KarcherAttorney at law · · About 3 minutes

In short

Settle the other parent’s consent before you book, not before you fly. If the destination requires certification, the consent needs extra time.

Travel documents for children: what is mandatory?

Where only one parent, the grandparents or other accompanying persons travel abroad with a child, many countries require a written declaration of consent, that is a travel authorization, from the other parent or from both parents. That rule protects the child and prevents possible problems on entry. Where the declaration is missing, entry with the child can be refused, or there are delays at the border.

Behind the authorization stands joint Sorgerecht (custody). Parents who share it decide matters of substantial significance together, after a separation as well §§ 1627, 1687 BGB. A trip abroad can be one of them. Where they do not agree, the Familiengericht (family court) transfers the decision to one parent § 1628 BGB.

Depending on the entry requirements of the destination country, it can even be necessary for the travel authorization to be certified by a notary or an authority.

Checklist: traveling with children without both parents

Use this list for a first overview and then find out what specifically applies to your destination country and to your particular trip:

  • A valid passport or identity card (outside the EU and Schengen, for instance to the United States, Canada or South Africa, a passport is mandatory; an identity card is not enough there).
  • A travel authorization from the parent not traveling, or from both parents.
  • A declaration of consent to the trip abroad (where necessary in the language of the country).
  • A copy of the child’s birth certificate.
  • A copy of the identity document of the parent not traveling.
  • An authorization certified by an authority or a notary (depending on the destination country).
  • Details of the destination, the period, the accommodation and the return journey.

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  • Stays on this device until you send it
  • We clarify gaps at the appointment

The travel authorization: what to bear in mind

The declaration of consent, that is the travel authorization, should contain the following points:

  • Written form: the declaration has to be in writing; oral arrangements do not count.
  • Details of the trip: destination, dates, accommodation and how to make contact should be stated clearly.
  • Details of the child and the parents: name, date of birth and passport number (where available) of the child, plus complete details of both persons with Sorgerecht (custody).
  • The signature of the parent not traveling: signature and date are absolutely necessary.
  • Certification (where needed): depending on the destination country, certification by an authority or a notary is mandatory.
  • Language version: some countries require the declaration of consent in the language of the country or in English in addition to the German version.

In which countries is a travel authorization mandatory?

Many parents ask themselves: “Do I need a travel authorization for my child?” In countries such as South Africa, Canada, the United States and also some EU states, an official declaration of consent is required. That applies to a vacation with the grandparents or with only one parent as well.

Before you book, not before you fly

Ask the Federal Foreign Office or the embassy of the destination country which travel documents are required for children, and do it before you book. Whether a particular trip needs consent, and how a refusal by the other parent can be resolved, we clarify with you. That takes lead time too.

This post describes the rule, not your case. What applies to you depends on circumstances that no text can cover. For an assessment we need your documents and a conversation.

Is the other parent blocking the trip?

60 minutes, at our office or by Zoom. You describe your situation, and we tell you what lies ahead. You are under no obligation to hire us afterwards.

Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated

  • Travel consent
  • Parental responsibility
Mieke KarcherLawyer, admitted since 2010

She handles uncontested and contested divorces as well as maintenance proceedings, and alongside the divorce she also settles parental responsibility and contact, always with an eye on what it means for your family’s everyday life. View profile

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