Traveling alone with your children? Arrange consent in time!
Packing your bags for a wonderful trip with your son or daughter, but heading out without the other parent? There is a good chance you are already thinking about the packing list and the itinerary. Yet, there is one important legal matter you need to arrange beforehand to prevent stress at the border. If you are traveling alone with your children, you almost always need official consent from the other parent.
Most parents share parental authority over their children. Joint authority means that both parents must give their approval for an international trip taken by one parent with the children. It does not matter whether you are married, cohabiting or divorced. Especially if you do not have parental authority and are traveling alone with your child, the parent with authority must give prior approval. Without the proper paperwork, you risk not being allowed to travel further at customs.
What Does the Consent Requirement for a Holiday Entail?
If you travel abroad alone with your minor child, the law requires you to prove that the other parent with parental authority has approved it. You prove this with a completed and signed consent form.
The Royal Netherlands Marechaussee carries out strict checks at the border to combat international child abduction. Especially when your child has a different last name than yours, customs will quickly ask questions during the identity check. Although there are fewer border controls within the Schengen Area, the form is still indispensable. You can download the official declaration in advance from the website of the Dutch Central Government (Rijksoverheid).
Are you traveling to a country that requires a visa? Please note that both parents with parental authority must sign the visa application.
In addition, every child has been required to have their own passport or identity card since June 2012. Endorsements in a parent's passport have not been valid for years. Therefore, ask the other parent in time to cooperate with the application for a new travel document.
Which Documents Should You Take with You on Your Trip?
In addition to the completed consent form, the Marechaussee or foreign customs often ask for additional supporting evidence. Each country has its own rules, so inquire in advance with the embassy of your destination. In any case, bring the following documents in your hand luggage:
- Consent form for the international trip/holiday.
- A copy of the passport or ID card of the consenting parent.
- A recent extract from the parental authority register (gezagsregister).
- A recent extract from the Personal Records Database (BRP) of the child.
- The parenting plan or the court ruling regarding parental authority and the care arrangement (if applicable).
- All address details of the accommodations if you are touring around.
What if...?
What if the other parent with parental authority does not give consent?
Unfortunately, it happens that an ex-partner refuses to cooperate after a divorce. If you do not get the required signature, you can ask the court for substitute consent. If the holiday is starting soon, we will initiate an urgent procedure (summary proceedings) for you. The judge's decision then replaces the signature of the unwilling parent, allowing the holiday to go ahead after all.
What if you suspect that your child will not return after the holiday?
Sometimes the roles are reversed, and you are actually gravely concerned when the other parent wants to travel with your child.
Do you suspect that your ex-partner is leaving with the child never to return? Contact the International Child Abduction Center (IKO) immediately and bring us in to take emergency measures.
What if you are afraid that your child is in danger on holiday?
If you fear abuse or danger at the holiday destination, you have the right to refuse consent. The other parent must then take the matter to court. The judge will determine whether your objections are well-founded and whether or not substitute consent for the holiday should be granted.
Travel carefree with the expertise of RWV
Every year, our family law attorneys guide dozens of parents through holiday complications and parental authority issues. We know the ropes and know exactly how to act quickly under time pressure. With our practical approach, we first try to reach a solution through consultation with the other parent. If that fails, we are ready to stand up for you decisively in the courtroom.
Are you stuck with the preparations or is your ex-partner refusing to sign? Contact us for advice on your situation, so that you and your children can quickly enjoy a well-deserved holiday.
Frequently asked questions about
(substitute) consent for holidays
What are the rules for a trip to the United Kingdom?
From April 2, 2025, everyone traveling to the United Kingdom (UK) without a visa needs an Electronic Travel Authorisation (ETA). This also applies to you and your child. You apply for this digital travel authorization online in advance or via the British app for £10. Make sure your child has their own passport, as traveling to the UK with an identity card is no longer possible
Does the check also apply if we are still married or living together?
Yes, the check applies to everyone crossing the border alone with a minor child. After all, the Marechaussee cannot tell from the outside whether the parent staying at home agrees to the trip, regardless of the relationship form.
How long does a court procedure for substitute consent take?
A regular procedure takes several months. If the travel date is approaching and it is urgent, we initiate summary proceedings. The judge usually issues a ruling within one to two weeks, or even sooner if necessary. Nevertheless, always start trying to obtain the other parent's consent for the holiday as early as possible.
Does the consent form need to be legalized?
In the Netherlands, legalization (a stamp from the municipality) is not mandatory for the standard form from the Central Government. Some foreign governments do request this. Check this in advance with the embassy of the holiday destination country.
My child does not have my last name, what should I do?
Especially with a different last name, the chance of a check is high. In addition to the consent form, bring an extract of the birth certificate or an extract from the BRP clearly showing the family composition and the parents.
What can I do if my ex withholds the children's passports?
If the other parent refuses to hand over the travel documents, they are abusing their parental authority. You can enforce the handover of the passports through summary proceedings, subject to a penalty payment.
