Permission to Travel Out of State with a Minor Child

Travelling with children is a necessity for many families. Whether it's visiting relatives or enjoying a family vacation abroad, travel is a vital and vibrant part of many childhoods. 

But while travel can be equal parts stressful and joyous, after a divorce, stress can quickly overwhelm if parents do not make all necessary preparations. 

The most important preparation for travelling abroad with a child after divorce is obtaining all necessary permissions from other people with day-to-day care of or contact with your child. 

Can I travel abroad with my children? 

Your Parenting Order should outline how travel with children after your divorce is handled. A standard Parenting Order will require parents to obtain consent from all other persons with day-to-day care of or contact with their children before traveling abroad.

What if parents cannot agree on travel plans?

If permission to travel abroad with your children is required, parents should not disregard this requirement and travel without it. Parents may also not travel abroad with their children if a case involving that child will go to court in the near future or if another person is applying for a court order. If a parent takes a child abroad without the proper permissions, it is considered a crime.

Parents who are concerned that their co-parent may take their child abroad without their permission can apply for an Order Preventing Removal to minimise the risk of child abduction. Persons who can apply for an Order Preventing Removal include:

• Parents
• Legal guardians
• Spouses/partners of the child's parents
• People granted with day-to-day care or contact with the child from a Parenting Order
• People who are in the process of applying for a Parenting Order.

Find more information about Orders Preventing Removal and how to apply/respond to them at the Ministry of Justice website.

What documentation do I need from my co-parent?

A proper travel consent letter will typically contain the following information:

1. Who will be travelling with the children? 
2. List the full legal names, addresses, and contact information for all non-traveling guardians from whom permission must be obtained.
3. Where will you be taking your children? Clearly outline your travel plans in the consent letter.
4. When will you be travelling? Provide clear itinerary dates for your trip.
5. Passport information for child and people accompanying the child on the trip. Information should include the passport number, date of issue and where the passport was issued.

Beyond including this information, it is highly recommended that parents sign their child travel consent letter in the presence of a witness. 

What documentation do I need for my children?

Besides carrying your child's permission to travel form, it may be necessary to have other documentation on hand for your child. 

Passport

If you're planning on travelling abroad with your child, you're likely already aware that you'll need a passport for your child in order to do so. 

In New Zealand, applications for children's passports can be processed with the consent of a single legal guardian or parent. However, the Care of Children Act 2004 requires that any and all guardians must be consulted for major decisions about the child's upbringing. It is the responsibility of the guardian or parent applying for the child's passport to consult with the other parents or legal guardians.

For a full list of instructions, consult the Department of Internal Affairs' Application for a New Zealand Passport.

When you and your child have different family names

Parents who have a different family name than their children may wish to have additional documentation that confirms their relationship on hand while travelling. A child's birth certificate may be appropriate for this documentation. Parents can also carry a marriage or divorce certificate that documents the name change.

Destination requirements

When travelling abroad, parents should thoroughly research the countries they are visiting to see if they have any documentation requirements for children travelling without both or either of their parents. 

If you're travelling with your child to Canada, for example, you must have your child's birth certificate, a letter of authorisation from your co-parent (with very specific information), and copies of legal custody documents.

Providing incomplete or incorrect documentation when travelling abroad can hold-up an otherwise well-planned trip or prevent it from proceeding entirely.