Global Family Law Services

Legal issues of traveling with children

| Jun 14, 2018 | Child Custody, International Custody, International Travel, Traveling with Children

Summer is almost here and many families will take vacations near and far. While the thought of traveling with children – small children, in particular – can be daunting, the legal aspect does not need to be scary.

Special permission for travel is usually only necessary if you will be crossing international borders. While it can never hurt to travel with a copy of a child’s birth certificate and other important documents, like custody, guardianship or adoption papers, if you are driving domestically, you will likely face no issue or question.

The one notable exception would be if you have a custody order that limits or puts special restrictions on travel with the child. In that case, you will want to make sure you follow your divorce or other custody order.

As for air travel, the Transportation Security Administration similarly does not require identification or any special consent for children traveling accompanied on domestic flights. Children under the age of 13 can undergo modified screening procedures that are intended to be less scary, however older children must go through the same process as an adult.

Rules for children flying unaccompanied vary from airline to airline. Some form of identification may be required, at least for older children, and it’s always a good idea for an unaccompanied child to travel with some form of identification, whether a birth certificate, passport, driver’s license, school ID or similar form.

No matter the method of travel, if the travel will be with someone other than a parent or guardian, it is smart to give the chaperone a letter of consent so it is clear he or she is authorized to travel with the child. In fact, with group trips, such as those organized by a school, religious or other group, some form of permission slip will likely be required.

International travel is a bit more complicated. The website for the U.S. Department of State contains important travel requirements that vary from country to country. In general, if the child will be traveling internationally, a passport will usually be necessary just as for an adult.

If the child will be traveling with only one parent or guardian, it is useful and sometimes required for the traveling parent to travel with a letter of consent signed by the other parent. This letter is not a specific government form, but should clearly spell out the travel being permitted and identify as much detail about the travel plans as possible.

To obtain a passport for a child, both parents or guardian must consent. The only times a passport can be obtained unilaterally is if the parent applying for the passport can show that he or she has sole legal custody of the minor, such as by a divorce or custody decree, some other order authorizing the issuance of a passport, a birth certificate listing the requesting parent as the only parent or guardian, or a death certificate showing the death of the non-requesting parent.

This article originally appeared as a column for the Cleveland Jewish News.