I am going on a trip, can I take my child with me without telling his father where to go?

As family law experts, we are frequently asked this question: Do I need the father's permission to travel abroad with my child from Spain? The answer is yes. If the parents are divorced, you should also review the divorce judgment or the divorce settlement agreement to check whether any additional restrictions apply. In most cases, if one parent wishes to travel outside Spain with the child, they must obtain the other parent's authorization. For example, María is divorced from Pablo, and they have a son together named Ismael. María wants to travel to Italy for 10 days in August. In this case, she needs the father's authorization and should also check whether the divorce agreement or judgment establishes any additional requirements.

What is a travel authorization for a minor?

In most cases, whether the parents are divorced or not, they both share parental responsibility for their children. This means they jointly make decisions regarding matters such as education, healthcare, and international travel involving their minor children. Therefore, even if one parent has sole physical custody of a child, they cannot unilaterally decide to take the child abroad.

Two different situations should be distinguished:

• The minor travels alone or with third parties, without either parent or legal guardian. In this case, a travel authorization for the minor is required. This document authorizes a child under the age of 18 to travel outside Spain. One parent must appear at the police station with the consent of the other parent. The authorization must be signed by both parents and include the following information:
  • Details of both parents (name, ID number, and address).
  • Express authorization for the minor's trip.
  • Details of the minor (name, ID number, and address).
  • Travel details (destination, means of transport, and accommodation). Any stopovers must also be specified.
  • The person with whom the minor will be travelling.
• The minor travels with one of their parents. In this case, the authorization of the other parent is required. If the parents are divorced, the divorce judgment or settlement agreement should be reviewed, as it may establish additional conditions. It is also common practice to inform the other parent of the travel dates, destination, and the hotels where the minor will be staying.

Can I travel with my child within Spain without the father's permission?

If the trip takes place within Spain, authorization is generally not required, provided that the travel occurs during your custody period. However, it is advisable to carry documents proving your relationship with the child, such as the family record book or the child's national ID card. You should also facilitate communication between the child and the other parent, at least once a day.

Where can I apply for my child's travel authorization to travel outside Spain?

For minors travelling alone or accompanied by someone other than their parents or legal guardians, the travel authorization must be requested in person at the police station corresponding to the applicant's place of residence. You can find more information about the procedure on this Spanish Police website.

What should I do if my ex-partner objects to the trip with my minor child?

In this case, you should consult a family lawyer to assess the possibility of applying to the court for judicial authorization to travel. You will need to provide full details of the trip and explain how it benefits the child.

What happens if I take my child without the father's authorization?

This may have serious legal consequences, including the following:

• The Spanish National Police or the Civil Guard may prevent the child from leaving the country without the authorization of the other parent.
• You could be charged with the criminal offence of child abduction under the Spanish Criminal Code, which carries a prison sentence of between two and four years, as well as the loss of parental responsibility for a period of four to ten years.

What documents should I carry when travelling with my minor child?

You should carry the following documents:

• The authorization of the non-travelling parent.
• The child's travel documents, such as their national ID card or passport.
• Documentation proving parentage and parental responsibility, depending on your circumstances and the destination country. If in doubt, contact your country's consulate in the destination country.

Is the father's permission required to travel abroad if he has lost parental responsibility?

You will need to prove this circumstance when travelling with the child, for example by presenting the final court judgment confirming that the other parent has been deprived of parental responsibility.

If the child has a birthday during the summer, can your ex-partner come to see them?

You should review what the divorce settlement agreement or divorce judgment establishes regarding holiday periods and children's birthdays. In any event, goodwill and the best interests of the child should always prevail.

In any case, we recommend speaking with a family and divorce lawyer who can review your divorce settlement agreement or judgment, assess your specific circumstances, and advise you on the requirements for travelling abroad with your child.