April 23rd, 2023
April 23rd, 2023
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5 - 1 vote
A child travel consent form is an important document used when a child is traveling alone, with only one parent/legal guardian, or with an authorized group to show any authorities or other interested parties that the child is traveling with the consent of their parents. The letter acts as an explanation and proof to any border officials, law enforcement, or other authorities who may be concerned that the parent or guardian not present with the traveling child is aware of the situation and consents to the child's travel without them. Creating a child travel consent form can be confusing, especially in situations where parents are separated or divorced or there are other issues surrounding custody. This guide will outline the process necessary to create a foolproof child travel consent form that will be airtight and allow parents to rest assured that their children are protected when traveling without them. For more information about other documents that are necessary for traveling children, please see the guide Planes, Trains, and Automobiles: Necessary Documents when Traveling with a Child.
Child travel consent forms are needed for both domestic and international travel, as long as the child is traveling without all of their parents or legal guardians. Common situations when a child travel consent form would be especially necessary include:
Child travel consent forms are especially important for parents or guardians who are separated or divorced and have a custody order in place. In most states, it is a crime to take a child from their parent with the intent to interfere with that parent's physical custody of the child, even if the taker also has custody rights. This crime is commonly referred to as "custodial interference." If a parent without physical custody, who may or may not have visitation rights, removes a child from -- or refuses to return a child to -- the parent with physical custody, it is considered kidnapping or child concealment in addition to custodial interference. Federal and state laws have been passed to prosecute and punish parents guilty of this type of kidnapping, which is a felony in over 40 states. So, any miscommunication or misunderstanding about custody could lead to very serious consequences for the parent involved if an authority figure believes the parent does not actually have the other parent's permission to travel with the child. A child travel consent form makes it clear that both parents are on the same page and the traveling parent is not attempting to interfere with the non-traveling parent's custody rights.
Having a child travel consent form is particularly crucial when traveling very long distances or with younger children. Border agents or other officials are concerned with protecting the most vulnerable, so they are especially likely to inquire about children traveling overseas or very young children traveling who are not able to speak or fully advocate for themselves due to their tender age. That being said, having this letter is recommended for traveling with any minors, even the most obstinate and independent teenagers, just to be safe.
It is important that the Consent Form includes all of the information necessary to make it clear that the parent or guardian is aware of and consents to the child's travel plans. A child travel consent form includes the following information:
By including all of this important information, any official looking at the letter will get a full picture of the situation and will be more likely to be assured that everything is in order and the traveling child is safe.
Determining who should be responsible for signing a child travel consent form depends on several factors involving custody and who will be accompanying the child during their travel. The main determining factor is who has a custody interest in the child which should be communicated to any officials or authorities looking at the child consent form.
If a child has two married parents and is traveling with only one parent, their travel consent form should be signed by the parent with whom they are not traveling. If the parents are separated or divorced and share custody, the form should be signed by the parent who is not traveling. If the parents are separated or divorced, only one parent has custody, and the child is traveling with the parent who does not have custody, the custodial parent should sign the form and the non-custodial parent should travel with both the form and a copy of the custody order. If the parents are separated or divorced, only one parent has custody, and the child is traveling with the parent who does have custody, there is no need for a child travel consent form, but it is advisable that the parent travels with a copy of the custody order just to be safe.
If a child is traveling with an adult who is not their parent or legal guardian, all of their parents/guardians who have custody of them should sign the consent form. If only one parent has custody of the child, for example in the case of the death of their other parent or a divorce resulting in only one parent having custody, they are the only person who is required to sign the form.
In the case of a child traveling alone, all of their parents/guardians who have custody should sign the consent form.
Traveling with children can be stressful, but by preparing for the trip by ensuring that all of the necessary documents are in place, parents can rest easy that their child will be able to travel freely and smoothly as planned.
About the Author: Malissa Durham is a Legal Templates Programmer and Attorney at Wonder.Legal and is based in the U.S.A.