Going on vacation with the children after a divorce is not always straightforward. What documents do you need, and what about travel consent from the other parent?
Summer vacation is approaching, and the table is covered with travel brochures full of destinations everyone dreams about. You’re eager to get away and relax, but you’re (recently) divorced and a bit worried about how your ex-partner might react. It’s often not easy to come to good vacation agreements after a possibly painful breakup. And when it involves the children, unfortunately, disgruntled ex-spouses may feel the urge to sabotage the other’s plans.
This can manifest in suddenly missing identity cards or a veto on a trip abroad with the children. If you fear such a situation, you can be proactive with the following tips and advice. We aim to answer the most common questions.
What documents do I need to travel abroad with my children?
Identity documents
When passports or identity cards need to be handed over, in cases of mistrust, you can request that a signature be provided upon receipt. It’s recommended that both parents hold one valid travel document.
Written travel consent from the other parent
It is advisable to ask the other parent for explicit travel consent a month before departure so there’s time to intervene if the other parent unjustly refuses. In extreme emergencies, the family court can intervene on short notice, though it’s not ideal if you’re just about to leave on your trip.
In principle, each parent decides what activities are undertaken with the children in their care.
Can the other parent refuse a trip abroad with the children?
In principle, each parent determines the activities undertaken with the children in their care. The same applies to international travel. However, any parent has the right to oppose the trip if they are concerned about the safety and well-being of the child.
If parents cannot agree, the court will decide on the child’s best interest. The family court handles such matters urgently.
Do I have obligations as the traveling parent towards the other parent?
Suppose you are organizing an international trip with your children and are divorced. In that case, you must inform the other parent, primarily so that the parent staying behind has at least the necessary contact details in emergencies. You can easily do this by email or message, providing the country, flight details, and accommodation information.
Is written consent from the parent staying behind required before departure?
Yes. A parent traveling with children must always have valid identity documents and written consent from the other parent. The required consent may vary by country. If necessary, contact the embassy or consulate. While this consent is not legally required under family law, it may be a condition for parents traveling alone with minor children in certain countries. Especially for trips outside the European Union, it’s highly recommended to request and carry travel consent.
Can a parent refuse to hand over the child’s identity card?
If the parent staying behind refuses to hand over the child’s identity documents, a request to have them released can be submitted to the family court. If it turns out that the refusing parent unjustly withheld the documents, increased legal fees and compensation for damages may be sought, particularly if they actively disrupted the travel plans.
