Travel Consent Form

What is a Travel Consent Form?

A Travel Consent Form is used when a child is traveling alone, with only one parent/legal guardian, or with an authorised group. This document notifies authorities or other interested parties that a parent or legal guardian has given their consent for the child to travel without them.

This document can be used both for domestic travel inside Australia or international travel across country borders.

Because of concerns about child abduction in custody cases, trafficking or other abduction, an immigration officer, airline, or travel company may ask parents to provide some form of letter of consent if a minor child is traveling internationally with only one parent or with another adult, such as a teacher, group trip leader, or grandparent.

Is it mandatory to have a Travel Consent Form?

No, it is not always mandatory to have a Travel Consent Form. However, depending on the nature of travel (whether it is international or domestic), as well as the policies of the airline or travel company, a Travel Consent Form may be required.

Even if it is not required by law, immigration officers, law enforcement officers, or customs and border protection agents may detain a child if they suspect an abduction or kidnapping has taken place. By traveling with a Travel Consent Form, these officers will have necessary contact information and further assurance that no abduction or kidnapping has taken place.

Who is involved in a Travel Consent Form?

A person who has legal authority for the child should sign the Travel Consent Form. This is usually a biological or adoptive parent but could also be a legal guardian.

What is a "legal guardian"?

A legal guardian in Australia is an adult who takes care of a child under the age of 18 if the family court has made guardianship orders.

Do both parents need to sign a Travel Consent Form?

It depends on the custody arrangements and the details of the trip.

If the parents have shared parental responsibility, then they both need to provide consent. If the child is travelling with one of the parents, then that parent may not need to sign the form (as they will be present with the child anyway), but the other parent should.

If the child is travelling without either of the parents (and the parents have shared parental responsibility for the child) then both parents should sign the form.

If one parent has sole parental responsibility for the child, then the consent of the other parent is not required. However, it is strongly recommended that the relevant court documents be carried with the consent form, to provide evidence of that parental authority.

Up to what age do children need a Travel Consent Form?

A Travel Consent Form can be used for anyone under the age of 18 who is travelling without a parent or guardian.

In Australia, once a person turns 18 they are no longer considered a child, and do not need parental consent in order to travel.

For how long is a Travel Consent Form valid?

A Travel Consent Form is generally used for only one trip. The form includes specific information such as the dates of travel, the destination(s) and the details of the adult who will be responsible for the child, so this information would need to be updated for any future trips.

What has to be done once a Travel Consent Form is ready?

Once the Travel Consent Form is ready, any parents giving their consent should sign and date it and have their signature witnessed.

Each relevant child should carry a copy of the finished and signed form with them throughout their trip. Any adults that are accompanying them on their trip (such as teachers or family friends) should also be given a copy of the form to carry throughout the trip.

Which documents should be attached to a Travel Consent Form?

The following documents may be attached to the Travel Consent Form:

• The child's passport, especially if travelling internationally.
• Documentation to verify the relationship between the parent(s) and the child - such as a copy of the child's birth certificate, or adoption papers.
• If the child's parents have separated and there are relevant court orders in place regarding the parenting arrangements for the child (such as parenting orders or consent orders), then a copy of those orders.
• Any other relevant documents, or documents that may be required by the airline, travel company, or the country where the child is travelling.

Is it necessary to notarise a Travel Consent Form for it to be valid?

It depends.

A Travel Consent Form does not necessarily need to be notarised for it to be valid. But some countries do require them to be notarised, and some airlines or travel companies may also have policies that require them to be notarised.

Therefore, parents should strongly consider having the document notarised which can mean that customs or border protection officers (particularly in other countries) are more likely to accept it.

Before the child departs, it is also a good idea to contact the airline and immigration department in the country of destination to verify any further requirements.

It is necessary to have witnesses for a Travel Consent Form?

It is a good idea to have a witness sign the Travel Consent Form, as this is required by some countries, airlines, and travel companies. Witnesses should be independent adults (aged over 18), who have the mental capacity to understand what they are doing. They should not be related to the parent or the child.

What must a Travel Consent Form contain?

A Travel Consent Form should include:

• The parent/guardian's name and contact details.
• The child's name, gender and date of birth.
• Passport details if travelling internationally.
• The child's travel details (departure date, return date, travel destination(s), how they will be travelling etc).
• Any specific medical needs for the child.
• Details of any adult who is being authorised to travel with the child (such as a teacher or friend).

Which laws are applicable to a Travel Consent Form?

Although not required by law, immigration officers, law enforcement officers, or customs and border protection agents may detain a child if they suspect an abduction or kidnapping has taken place. By traveling with a Travel Consent Form, these officers will have necessary contact information and further assurance that no abduction or kidnapping has taken place.

In circumstances where parenting orders have been made by a Family Court, parents or guardians will need to make sure they comply with those parenting orders. The Family Law Act 1975 may be relevant in these circumstances. Further information is available from the Federal Circuit and Family Court of Australia.

In the case of international travel, when there are concerns that a child may have been wrongfully removed from or retained outside their country of habitual residence, the Hague Convention on the Civil Aspects of International Child Abduction may apply.

For international travel, parents and guardians will also need to be mindful of the entry requirements of any relevant foreign countries. This information can be obtained by contacting the embassy, high commission, or consulate of those foreign countries.

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