What is a Travel Consent Letter?

A travel consent letter is a very important document that is needed when a child is traveling without one or both of their parents or legal guardians. The letter is crucial because it provides proof that the legal guardians have authorized for that child to travel. This document is common if the travel takes place outside internationally. The following people may request it to prevent any issues involving abduction or custody disputes:

• Immigration officials 
• Airline staff
• Border agents.

A travel consent letter is not mandated by law in every case, but it is strongly recommended. Here is some information that is included in a consent letter:

• Guardian traveling with the child
• Destination of the trip 
• Duration of the trip

To ensure the documents are authorized and to prevent any complications or delays during your child’s travel, we recommended getting your letter notarized.

Joint Custody Agreement

If a joint custody agreement already exists or there is already a divorce in place the consent letter is even more important. If the traveling guardian fails to present the letter, the child can be denied entry into the country you are traveling to. Some countries or organizations may even require a court order or the custody agreement, so please check in with your lawyer to make sure everything is organized before your trip.

Notarization Explained and Why it is Important

Notarization is the process in which a document and signor is verified and authenticated by a certified Notary. The Notary will act as an essential and impartial witness to the signing of the document in question. This ensures that the document is genuine and credible for all parties. 

Notaries have legal power to verify the process and signatures. If your document has the stamp and/or signature of a Notary, it is more likely that your document will be seen as legal and it removes any risk for potential hassle when you are traveling.

Checking Your Other Documentation 

When planning your travel and writing the travel consent letter there is other documentation you should review that can assist you.

• Custodial or Decision Making agreement: If you and your partner are divorced you will have a custodial or a decision making agreement. Depending on the rights and responsibilities that were agreed upon by both parties and the courts, this document will allow each partner to make specific decisions. You may be able to oppose any and all decisions, such as countries the child is allowed to go to or even not leaving the country altogether.
• Court order: A court order may include certain requirements for either partner, or it may include specific instructions or obligations for the well being of the child.
• Separation Agreement: This document may also include legal agreements for each parent after a separation. The agreement may include travel conditions or mutual consent agreements, for example. Please bring this document with you along with the travel consent letter to avoid further complications.

Do Your Research

This point seems fairly obvious but we need to make it apparent. Different locations or different countries will have their own requirements or regulations surrounding traveling with your child. You may need one document that is not needed in another country but is needed in another. Do your research and plan accordingly when travelling with children. It is also a good idea to consult your family lawyers to ensure a smooth trip for your child(s).

The Government of Canada is a great resource to review for research.

What if you Have Sole Custody 

Whether you received full custody of your child, or the other parent is no longer in the picture for any reason, please bring the necessary documents with you when you travel. This could be the sole custody court agreement, the child’s birth certificate or the death certificate of the other partner if they have unfortunately passed away.

Ensure peace of mind for your next trip! If you’re traveling with children or minors, a travel consent letter is essential to avoid legal complications. Contact us today to learn how we can help you prepare a legally sound consent letter, ensuring a smooth journey for you and your family.