Traveling internationally with your child can be a wonderful experience. When only one parent is taking a child on an international trip, there are some a few extra documents you need to have before you leave. While it can seem cumbersome and frustrating for a parent who is planning an innocent trip, keep in mind that these policies and regulations are in place to protect children from parental abduction.
Applying For a Passport
The first step is obtaining a passport for your child. Every person traveling internationally, even an infant, must have a passport. Information on how to apply for a passport can be found on the U.S. Department of State website http://travel.state.gov/passport/forms/ds11/ds11_842.html. In order to obtain a passport for a minor child, both parents must go with their child to apply and sign the DS-11 form in person or must meet one of the following exceptions:
- If both parents consent although only one parent is available to go in person to apply, the applying parent must bring the second parent’s notarized Statement of Consent (Form DS-3053)
- If only one parent is available and the other parent is unable to be located, then Form DS-3053 does allow a parent to explain why he or she was unable to locate the second parent. When completing the form, provide detailed information to improve your chances of having your application approved. This includes:
- What attempts have been made to contact the second parent;
- What attempts have been made to contact the family members/friends of the second parent to locate the second parent;
- The last contact and type of contact that was made with the second parent;
- If the other parent was deported and therefore unreachable; and
- If domestic abuse is a factor in why they are unable to locate or contact the other parent for consent (providing documentation is recommended).
- For a parent with sole legal custody, he or she must bring one of the following:
- The minor’s certified U.S. or foreign birth certificate listing only the applying parent’s name;
- Court order granting sole legal custody to the applying parent (make sure the child’s travel isn’t restricted by that order);
- Adoption decree if it lists the applying parent as the sole adoptive parent;
- Court order permitting applying parent to travel with the child;
- Judicial declaration of incompetence of non-applying parent; or
- Death certificate of non-applying parent.
Single Mother, Father’s location unknown
If the single mother is unable to locate the father because his whereabouts are unknown, the mother may petition for custody and obtain a court order stating the language in the Recognition of Parentage and Minn. Stat. § 257.541 regarding the mother having sole custody of the children until custody is determined in a separate proceeding. Such an order has typically allowed the single mother to apply for the minor’s passport and travel internationally with the child. It is recommended that you attempt service by mail before filing to demonstrate an effort to notify the other parent.
Second Parent Refuses to Consent
If the consent of the second parent is required, the location of the second parent is known and the second parent will not consent to the international travel with the minor child, the applying parent must make a motion for permission to travel with the child internationally and obtain a passport. Some relevant factors to consider when bringing or responding to this motion include:
· Is the destination country a member of the Hague Convention;
· How effective is the country’s legal system in returning children if they are abducted;
· How will the parenting time that will be missed be compensated to the second parent;
· Are the objections raised by the second parent reasonable;
· Consider the best interests of the child factors as to whether the travel is appropriate;
· Other risks specific to the destination country;
· Past/current threats of taking the child permanently to the destination country, or in the alternative lack of threats;
· Efforts towards relocation by the travelling parent or in the alternative a showing that the travelling parent is settled in the community in the U.S.;
· Travel history of requesting parent and/or child;
· Dissatisfaction with life in the U.S.;
· Whether the travelling parent has documents from immigration; and
· Compliance with previous court orders.
Documentation Needed at the Time of Travel
At the time of travel, the travelling parent may have to prove custody of the minor child. It is recommended that the accompanying parent travel with the documents used to obtain a passport. Where there is an agreement between the parents, the travelling parent should obtain a notarized letter indicating that he or she received consent from the second parent to travel with the minor child internationally. The letter should contain the dates of departure and arrival as well as the destination. This letter may be helpful in the event it is requested while travelling. NOTE: Some countries, such as Mexico, require the original document. You may want to have two originals on hand in case one is lost or damaged. There is no standard form, although there are several samples on the internet. Finally, parents are encouraged to contact the airline, travel agent prior, or the U.S. Embassy (http://www.usembassy.gov/) in the destination country for any additional travel regulations.
Additional websites that discuss traveling internationally with children
Great article on travel health tips for children from the CDC. http://wwwnc.cdc.gov/travel/yellowbook/2010/chapter-7/traveling-with-infants-and-children.aspx
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