Dream trip on the horizon—but you share custody? International travel with kids is absolutely doable with the right prep. This guide covers passports and consent, what to put in your court orders, and how to handle objections or emergencies.
1) Passports for children: the two-parent consent rule
For U.S. citizens under age 16, federal law generally requires both parents/guardians to execute the child’s passport application (there are narrow exceptions). If one parent can’t appear, they can give notarized consent using Form DS-3053. In limited situations—like safety concerns or inability to locate the other parent—the applying parent can submit alternate evidence per the rule.
Pro tip: Enroll in the Children’s Passport Issuance Alert Program (CPIAP). The State Department will alert the enrolling parent if a passport application is filed for your child. It’s free and helps enforce the two-parent rule.
2) Consent letters & destination requirements
The U.S. doesn’t require a consent letter for a child to depart, but many foreign countries and some airlines do when a minor travels with one parent or someone who isn’t a parent. Carry a brief, notarized travel consent letter from the non-traveling parent plus copies of the child’s birth certificate and relevant custody orders. Check the entry requirements of your destination well before departure.
3) Court orders: build travel rules into your parenting plan
Minnesota parenting-time orders should support the child’s relationships and practical realities like school calendars—and they can (and should) include travel clauses. Useful terms to include: advance notice windows, who holds the child’s passports, deadlines for sharing itineraries and contact info, and what happens if plans change. Courts decide parenting time under § 518.175, guided by the best-interests factors in § 518.17.
Suggested clause starters (ask your lawyer to tailor):
- “The traveling parent will provide the itinerary, addresses, and emergency contacts 30 days in advance and upload copies of tickets, lodging, and insurance within 72 hours of purchase.”
- “Passports are stored in a neutral location; either parent may check them out upon proof of a valid itinerary.”
- “If travel overlaps the other parent’s time, the parties will swap days within 30 days of return.”
4) Safety & abduction risk: Hague vs. non-Hague countries
If you fear abduction risk, discuss safeguards (bond, supervised exchanges, restricted destinations, or no-travel provisions) with counsel. Know that returns are generally faster between countries that are parties to the Hague Abduction Convention; returns from non-Hague countries can be much harder. Consider routing through Hague countries and set extra documentation requirements.
5) Money matters: support arrears can block passports
Parents who owe more than $2,500 in child-support arrears may be denied issuance or renewal of a U.S. passport under the federal Passport Denial Program. Resolve arrears well before you book international travel.
6) If the other parent won’t consent
Start with problem-solving: share the itinerary, confirm chaperones, and offer extra video calls and make-up time when you return. If you still can’t agree, your options include mediation/ADR, asking the court to modify or clarify travel provisions under your parenting-time order, or seeking limited relief for a specific trip. Minnesota courts have tools to enforce/adjust parenting time under § 518.175 (including compensatory time), and a Parenting Time Expeditor can help interpret and enforce existing orders quickly.
7) Travel prep checklist (printable)
Documents
- Child’s passport (valid 6+ months past return) and any necessary visas
- Notarized consent letter from non-traveling parent (bring the original)
- Copies of the birth certificate and your court orders (custody/parenting time)
- Travel insurance (medical + trip) and emergency contacts
Notifications & enrollments
- CPIAP (passport alerts) and STEP (embassy alerts while abroad)
- Airline unaccompanied minor or special-assistance requests, if applicable
Logistics
- Share full itinerary and lodging details by your order’s deadline
- Pack medications and permission letters for medical treatment abroad
- Confirm the destination’s entry rules for minors and any consent-letter format (check the country page via the State Department site)
FAQs
Do we always need a judge’s permission to travel?
Not usually. If your decree allows travel during your parenting time and you meet consent/passport rules, you’re set. If orders are silent—or there’s a specific dispute—use ADR or seek tailored relief under § 518.175.
Can one parent apply for a child’s passport alone?
Only if an exception to the two-parent consent rule applies (e.g., notarized DS-3053 from the other parent, or specific circumstances documented under the regulation).
Will border agents ask for our consent letter?
The U.S. doesn’t require it to depart, but many countries do to enter. Airlines may also ask. Bring a notarized letter to avoid delays.
What if there’s a real abduction risk?
Talk to counsel about safeguards (hold passports, require bonds, restrict destinations) and consider Hague vs. non-Hague risk when planning. Enroll in CPIAP.
Start the Conversation With Confidence
If you’re planning international travel—or if consent is being withheld—we can help you tighten your parenting-plan language, prepare the right consent and passport documents, and resolve disputes through mediation or targeted court relief. Contact us to talk through options that keep your trip on track and your child safe.
