Do I need some sort of written permission to take my child on a trip without the other parent being present?
I should say, “It Depends”, because on his last trip to Hawaii, our son traveled as a single parent with his son, and no one at the airport asked for any travel documents from the child’s mother allowing the travel, so it may depend upon the person at the gate.
We are going to tackle the simple trip first…domestic U.S. travel with a minor child, but without both parents being present on the trip.
We will tackle the more complicated situations in a later blog; going to a foreign country with only one parent, or under the care of someone other than the parents because that brings up the issue of passports and visas in addition to permission slips. The same goes with your child traveling to a foreign country with a school group or sports team, as a foreign exchange student, People to People International, etc… unaccompanied by a parent or guardian.
Let me cover some basics before I answer the initial question raised in this blog.
Every parent should make sure to get a copy of the official birth certificate when their child is born. Don’t forget to order the social security number too. With these two items in hand, get the child a passport. It does not make any difference that you are not planning to take the children out of the country. What happens if there is an opportunity for them to take a trip with their grandparents or an aunt and uncle? Without a passport, they may miss out on an experience of a lifetime. If they have the passport, half of the challenges are already taken care of. Remember, for kids, the passport is only good for give years, not 10 like the adults, because they change so much as they grow up.
Similarly, if one of the parents is being deployed by the military, a permission slip should be signed by the deploying spouse granting the remaining parent the ability to travel, domestically as well as internationally, whenever necessary. Wouldn’t it be terrible if you got leave and could meet the family in Australia or somewhere you have always wanted to visit, but the family could not join you because your spouse did not have a permission slip? There are probably several other documents the remaining parent may need signed and notarized before deployment, but that is for a different blog, not a travel blog. Additionally, what if the minor child has to travel alone to meet up with you. You will need a permission slip for this as well.
Finally, don’t wait until the last-minute to deal with this issue. Please don’t show up at the departure gate at the airport or cruise line without a properly executed permission slip. It can really be a bummer if you don’t have the proper documentation, and what about the cost of rescheduling the trip?
Here are some of the questions I have heard regarding this issue.
1. Do we need a passport or visa?
2. If only the mom or only the dad is traveling with the minor child; do they need a letter from the other parent?
3. Does it have to be notarized?
4. Do we need the child’s birth certificate?
5. What does the letter have to say?
6. Do I need a lawyer to draft the letter?
7. If the child is traveling with grandparents, or other persons, and we can get a letter from the parents, do we need a letter signed by both parents?
8. What if we can only get one parent to sign? Can we take the child with us or not?
9. What if the other parent is in the military and cannot be reached?
10. What if we are grandparents who are raising the grandchild, and the parents have flaked out and not available to sign any sort of permission slip, but we are not legal guardians? What do we do?
What are the answers?
So, first of all, since we are not leaving the U.S., we don’t need to worry about having a passport.
If only one parent is traveling, they should have a permission slip from the other parent. You can also just print out the Travel With Minors Permission Letter created for use by grandparents and other temporary guardians and just fill in the blanks. By the way, when you make reservations, you have to put the child’s name on the reservation along with the child’s age. Will you be asked to prove that the child you are taking is the child on the reservation or will the airlines believe you? Generally, if you have the permission slip with you and the information on the permission slip matches the reservation information, there will be no problems boarding the airplane and enjoying the vacation. Remember, if both parents are taking the trip, you don’t need any sort of permission slip.
Although it is not required that you have the permission slip notarized, it is a good idea to do it, especially for foreign travel. That means that both parents, along with the children, should set up a meeting with a notary.
It is a good idea to bring a copy of the birth certificate along when you meet the notary. The notary does not need to take a copy, but may want to see it since the notary does not know you or the children.
As you saw from the link above, the letter must clearly state who is giving permission, what permission is being given, and generally the time frames for the permission. It is also helpful to provide the contact information for the parent not traveling, so that a call can be made to verify the permission if needed.
As long as the permission slip clearly provides the above information, a lawyer is not needed, unless we get into custody or legal guardianship issues.
If the kids are traveling with anyone else, grandparents, aunts, uncles, etc…, a permission slip signed by both parents is required. In this case, in addition to having a Travel With Minors Permission Letter, you should also make sure to carry a Medical Treatment Authorization Letter as well.
The next couple of questions are more difficult to deal with.
If you cannot get both signatures, you probably will not be able to take the child on the trip. If one of the parents is no longer available to sign, the remaining parent may have to get a court order declaring them the parent with sole custody, and that parent could sign the permission slip, but you may have to bring the additional documentation showing that the single parent does have the legal authority to grant the permission.
The same type of court action may also be required if the parents are unable to provide a permission slip to a grandparent or other guardian caring for the kids. This is something that would need to be taken care of long before considering a vacation. There may come a point when such guardians need to become legal guardians for all the care issues involving the minor children. Also an issue for a completely separate blog, and one that would require the assistance of a lawyer.
All of this can get very complicated if the parents are divorced or separated, or one of the parents is deceased. Copies of divorce papers, separation agreements, child custody agreements, death certificates, etc… may need to be shown to a notary to obtain a valid permission slip, especially if both parents cannot appear before a notary.
So, just plan ahead so that you get your vacation off to a good start.
One final note, you will see this info in other blogs but I though it would be especially important in this blog. It has to do with carrying extra documentation while traveling. For example, every parent, especially one traveling alone, should have a current photo of the child or children in your wallet or purse. It is easy to get separated from your kids with both parents watching, it is even easier when you are by yourself, in unfamiliar surroundings, away from home. Also, make sure your children carry emergency notification information on their person. If they are very young, then pin it inside their clothing. Also, make sure the emergency number on said notification is the cell phone you are carrying as well as a number back home. What happens if there is a vehicle accident, the lone parent is killed or seriously injured, and the authorities don’t know how to contact the other parent or guardian? Who will take care of the child. Is there another family member on the trip that can be contacted? If so, make sure that the person’s contact info is on the notification document on the child. That goes for the parent too. Do you have clear instructions in your wallet for emergency notifications? If you are injured, it is not likely that your three-year old will be able to tell the authorities anything that they need to know. What info should be included:
1. Your itinerary.
2. Name of ship or hotel or condo where you are staying. (Address & phone & room number too.)
3. Emergency phone number for someone in your traveling group.
4. Emergency phone number for someone back home.
5. List of important contact numbers such as medical, dental, etc… with descriptor.
6. Medical Insurance Numbers.
7. Photo of child with the parent and photo of parent with child. (If traveling in a group, put all of the individual photos of everyone on a sheet of paper and xerox a copy for every person in the group.)
8. Copy of passport.
We hope this part was not a downer for you. I just know that being prepared is always best. I would rather have it and not need it than to need it and not have it. Now that we are finished with this issue, lets relax and enjoy our vacation.
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Turning Dreams into Memories,
One Vacation at a Time.
Bon Voyage!!!
As you might guess, this document is a compilation of information from our travels as well as from other travelers. I hope it has been of value to you. Check out the important links below.
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