Do I Need the Second Parent’s Consent to Travel Abroad with My Child for a Holiday?
When planning a holiday abroad with your child, one important question often arises: Do I need the consent of the second parent? In Poland, the answer typically depends on the parental authority status of both parents. Below is a clear guide to help you understand your legal obligations before travelling.
Is parental consent always required for holiday travel?
In general – yes both parents must agree to any international trip – unless one parent has been entirely deprived of parental rights or had their authority legally limited in matters involving travel. This includes also short-term holidays and even travel to countries within the European Union.
Consent is necessary because travel abroad is considered an important matter of the child under Polish family law, and such decisions must be made jointly by both parents holding parental authority.
What form should consent take?
There is no fixed legal format for such consent, but the safest approach is to prepare a written statement, ideally confirmed by a notary. The statement should include:
- Full identification details of the consenting parent and child,
- Dates and destination of the travel,
- Information about the accompanying adult,
- A clear declaration of consent.
While some border officers may not request to see such a document, it is strongly recommended, particularly when travelling alone with the child or to countries with strict border controls.
What if the second parent refuses to give consent?
If the second parent withholds consent or is unavailable, you can petition the family court for permission. This applies whether the travel is short-term (e.g., a holiday) or for a longer duration.
The court will assess whether the trip serves the child’s welfare and whether the refusal to consent is reasonable or obstructive. The process may require you to present documents confirming the purpose and logistics of the trip.
Can the court grant permission without the second parent’s involvement?
Yes. In cases where the second parent is absent, unreachable, or is unreasonably denying consent, the court has the authority to grant independent permission for the child to leave the country.
Courts have ruled that international holiday travel requires consent or judicial approval – even if the child already holds a valid passport. The absence of proper documentation could lead to complications at the border.
Is consent needed just for the passport?
Passport procedures and travel permissions are legally separate:
- Applying for a passport for a child requires the consent of both parents, unless one lacks parental rights.
- Possessing a passport does not equate to permission to leave the country. Travel consent must still be obtained separately for each trip abroad.
Checklist for Legal Travel Abroad with a Minor
Before departure, ensure the following:
- Obtain written consent from the second parent (preferably notarized),
- Ensure the child’s passport is valid and complete,
- If consent is refused or cannot be obtained, file for court approval,
- Keep all documents readily available during travel.
Cross-Border Travel Starts with Shared Responsibility
International travel with a child is not solely a logistical matter; it is also a legal one. Polish law protects the rights of both parents in making decisions that significantly affect a child’s life, including travel.
If you’re unsure whether your situation requires consent or a court order, it’s advisable to consult with a legal expert. The family law team at Dudkowiak Family Lawyers offers support in drafting travel consent statements, navigating court applications, and resolving disputes involving shared parental authority.
You may also find their articles on Contact with child and Parental authority particularly helpful.
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