Travelling abroad with children
Avoid unpleasant surprises at the airport when flying with your children. Make sure you know the rules for travelling abroad with your children.
The holiday season is approaching, and the summer months are the most popular time to travel. If you are an international parent travelling with your child(ren), here is what you need to know.
Written permission for holidays abroad
In the Netherlands, a parent travelling abroad with their child must have permission from the other parent. If the other parent has parental authority, you must first obtain their written consent before leaving the country.
To obtain this consent, you need to complete a consent letter from the Centrum Internationale Kinderontvoering (International Child Abduction Centre). In this letter you must state, among other things, the name(s) and age(s) of your child(ren), the duration of your trip and additional details. The letter must be signed by both you and your (ex-)partner (the other parent).
This letter is required regardless of whether or not you are still in a relationship with the other parent. Our clients increasingly report that officials at Schiphol are asking for this letter before allowing a parent to travel with their child.
What to do if the other parent refuses permission for the holiday
If your former partner does not give permission for you to travel abroad with your child, you can request authorisation from the court; such hearings can be scheduled at short notice. The judge will consider several factors, including whether the country you wish to visit is a signatory to the Hague Child Abduction Convention.
Moving abroad with your child
If your child is resident in the Netherlands, then regardless of their nationality, the rules of the Hague Child Abduction Convention apply. The Convention is an agreement between nearly 100 countries aimed at preventing international child abduction.
Before moving abroad with your child(ren), you must obtain permission from the other parent. If you wish to move during the separation process, you can include this in your parenting plan. If you decide to move at a later stage, you will need to amend the parenting plan.
Before granting permission for the move, the other parent may request amendments to the parenting plan, such as more holiday time with the child(ren) or other specific arrangements. For example, one of our Dutch clients requested that his children attend Dutch language classes while living abroad.
What to do if the other parent refuses permission for the move
If you are unable to obtain the other parent’s consent to relocate abroad, you can apply to the court for permission. The judge will consider various factors, the most important of which is the best interests of the child(ren).
Expert help in family law for internationals
The Legal Expat Desk offers experts in family law for internationals. We understand how complex and deeply personal custody matters are, and we can answer your questions about divorce, parenting plans and more.
Contact our lawyers directly or submit your question online.
