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Travelling abroad with the child

The issues of international child abductions also needs to be considered in the case of prolonged travel abroad / from abroad with the child. In such a case, it is advisable to obtain:

  1. The consent of the other parent;
  2. An agreement of the parents approved by the court and related the child custody, residence and contact with the other parent, provided that such an agreement exists.

The consent of the other parent to travel abroad may also be granted orally. However, in the case of problems, it is difficult to prove the existence of such consent. For this reason, we recommend that you obtain a written consent, preferably with notarised signatures.

It is advisable that the consent should specify the period for which the parent intends to stay abroad with the child and the reason for the stay. It is also possible to grant consent to a permanent relocation to another country.

Unless it is possible to obtain the consent of the other parent, as he or she refuses to grant it, the court may be requested to grant the consent to travel. The petition is to be filed in the place of the child’s actual residence; the filing is not subject to any court fee, and you do not need to be represented by an attorney. When drafting the petition, apart from an attorney, you may also use the free-of-charge assistance of the local office for the social and legal protection of children in the place of your domicile (the competent municipal authority), the court’s departments of guardianship or legal counselling centres.

It is advisable to obtain the consent in the case of longer stays abroad where there may be a risk that the other parent could perceive the situation as the child’s abduction. In such a case, you run a risk of initiating the legal proceedings on the child’s return, which may result in removing the child and their forced return to the country of the habitual residence.
The consent of the other parent is not necessary for a short trip abroad, e.g. for a holiday.

Some countries outside the European Union may require the consent of both parents to his or her departure for the purposes of allowing entry of the minor to their territory. For this reason, it is advisable to contact the Ministry of Foreign Affaires before the journey and seek information on specific conditions of travelling with a minor child.



Office for International Legal Protection of Children

Silingrovo namesti 3/4
602 00 Brno, Czech Republic

tel.: 00420 542 215 522

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