Holidays with your child after divorce: consent and travel documents

23 September 2026

Arslan Advocaten

Need help urgently?

Holidays with your child after divorce: consent and travel documents

Are you travelling abroad alone with a minor child while the other parent also has parental authority? Then you need that parent’s consent. In addition, check the travel documents and the requirements of the country of destination and of any transit country. If the other parent refuses consent, a court decision may be needed. A booked trip or a holiday period in the parenting plan does not automatically replace the required consent.

Nederlands: Lees dit artikel in het Nederlands: Vakantie met uw kind na scheiding: toestemming en reisdocumenten

Türkçe: Bu makaleyi Türkçe okuyun: Boşanmadan sonra çocuğunuzla tatil: izin ve seyahat belgeleri

Written by Öznur Batur, attorney at Arslan Advocaten, specialising in personal and family law. Registered in the Netherlands Bar’s register of areas of practice for personal and family law and criminal law. Last updated: 19 September 2026. General information is not legal advice about your own situation.

Start well before departure. Many problems arise because parental authority, holiday arrangements, a passport application and consent for the specific trip are treated as a single subject. Below you can read how to check each of these elements separately and prepare a clear proposal.

Who has to give consent?

The first question is who has parental authority over the child. Where there is joint parental authority, the parent with authority who is not travelling must agree to the trip abroad. If the child is travelling with grandparents or another companion, the persons with parental authority must give the necessary consent.

If you have sole parental authority, consent from a parent without authority is not required on the same basis. You must, however, be able to substantiate your position if you are checked. Existing contact arrangements and court decisions also remain relevant; having sole parental authority is not a reason to override them without consultation.

Recognition, the child’s surname and the child’s main residence do not, on their own, provide the full answer. If in doubt, have your position regarding parental authority investigated. Preparing a trip on the assumption that the other parent ‘hardly ever provides care anyway’ is legally insufficient.

The official consent form

The Royal Netherlands Marechaussee (the Dutch border police) provides a form giving consent to travel abroad with a minor child. Fill it in completely and consistently. Make sure that the details stated match the travel documents, the travel period and the accompanying adult.

A form helps to show, if you are checked, that consent has been given. It is not intended to get around missing consent. Never sign on behalf of the other parent yourself, and do not unilaterally amend an earlier form for a different trip.

Keep the relevant attachments and check the Marechaussee’s current guidance. Depending on your situation, you may need, for example, proof of parental authority, birth records or a court decision. Also check which form and translation are required for the country of destination.

Which documents should you take with you?

A child needs their own valid travel document. In addition, documents explaining the relationship and parental authority may be needed. The right combination depends on the family situation, the route and the means of transport used.

The child’s valid passport or identity card, as appropriate for the destination.
The fully completed and signed consent form, where applicable.
The accompanying identity and parental authority documents in accordance with the current official guidance.
A relevant court order or other proof if you have sole parental authority.
Travel details, the address where you will be staying and how you can be reached during the trip.
Any additional documents required by the country of destination or transit.

Check this before the final week. A missing document cannot always be put right at the airport. Keep sensitive copies safe and provide only what is needed for the check or application.

Passport consent is a separate question

Consent for the issue of a travel document and consent for a specific trip abroad are different matters. A parent may have cooperated with a passport application without thereby approving every future destination or holiday period.

Different consent rules apply to a Dutch passport for a minor than to a Dutch identity card. For an identity card, the age limit for parental consent is lower. Check the current application requirements with the municipality and have a dispute about issue assessed separately.

If substitute consent for a trip is requested, it is sometimes also necessary to ask for a separate decision on a travel document. A ruling must be sufficiently clear for its intended use. Do not assume that general consent to go on holiday will automatically resolve all document problems.

What if the holiday is already in the parenting plan?

A parenting plan can specify which weeks a child spends with each parent. That helps with dividing holiday time, but does not always answer the question of which trip abroad is permitted. Read the exact agreements on destination, information and consent.

Some plans contain a workable procedure: sharing travel details in good time, responding within an agreed period and making documents available. Other plans only say ‘each parent has half of the summer holidays’. In that case, further coordination is needed.

In addition, check whether the planned trip fits in with school holidays and handovers. A return flight on the day the child is already due to be with the other parent can escalate the dispute. Also record how delays or illness are to be reported.

Draw up a complete travel proposal

A clear proposal includes the destination, departure and return dates, transport, accommodation, fellow travellers and how you can be reached. Where necessary, explain why the trip suits the child’s age and health. Give the other parent enough time to ask specific questions.

When visiting family abroad, information about the stay and the return can be important. A return ticket is a useful piece of information, but it does not remove every possible concern. Only make promises that you can actually keep.

Ask for a substantive response to the proposal. A refusal may be based on missing information, disagreement about dates or a specific safety objection. Only once it is clear what the problem is can you respond in a targeted way or bring in legal help.

When can a refusal be justified?

Not every objection is unreasonable. Think of an unsuitable travel period, medical circumstances, concrete risks of the child not being returned or a destination about which there are serious safety concerns. The assessment must be based on the facts and the interests of the child.

General distrust without further substantiation carries a different weight than an earlier attempt to retain a child. Agreements that are structurally not complied with may also be relevant. Explain what risk you see and which measure might reduce it.

Conversely, consent should not be used as a bargaining tool in a financial dispute. A maintenance contribution or the division of belongings is not automatically connected with a safe, suitable holiday for the child.

Substitute consent from the court

If parents with joint parental authority cannot reach agreement, an attorney can ask the court for a decision. The application must describe the specific trip and substantiate the reasons for consent. The other parent is given the opportunity to respond.

The court weighs the interests and circumstances involved. The travel details, earlier agreements, safety, the return and the consequences for contact may be relevant. A holiday that has already been booked does not create an automatic right to consent.

The procedural route depends on the subject and the urgency. A dispute about a trip, a passport application and an imminent international removal may each require different applications. So do not simply have a standard form submitted without investigating which decision is actually needed.

Do not wait until just before departure

A court must be able to schedule a case and give the other parent the opportunity to respond. Gathering documents and any translation also takes time. A departure in a few days’ time does not in itself make an application more likely to succeed.

Seek advice as soon as it becomes clear that consent is missing. Describe when you sent the proposal, what response you received and what deadline applies. Keep the correspondence so that the timeline and your efforts can be verified.

Also discuss the financial consequences of booking without final consent. Cancellation insurance does not cover every legal dispute. Where possible, choose terms that take the uncertainty into account, without suggesting that consent will later be a mere formality.

What if the other parent does not respond?

Silence does not simply amount to consent. Send a reminder with the missing details and a reasonable date for a response. Ask for confirmation of receipt and keep your messages.

Check whether the other parent can be reached and whether there is a practical reason for the delay. A wrong email address or absence may call for a different solution than an express refusal. Remain businesslike and limit communication to the trip.

If no clear answer is forthcoming, have someone assess whether a court decision is needed. Your own interpretation that the other parent ‘will surely agree’ may prove insufficient at a border check and in a later dispute.

Sole parental authority: what remains important?

If you have sole parental authority, you must be able to prove this if there is any doubt. The Marechaussee indicates for each situation which documents are helpful. Bear in mind that international document requirements may differ.

Even then, a trip must not simply disregard existing contact arrangements. Discuss any overlap with contact time and, if necessary, look for an appropriate change. The legal power to take a decision and the obligation to treat the child’s bond with the other parent with care are different aspects.

If there are court-imposed restrictions, child protection measures or international decisions, further investigation may be needed. Relying solely on an old ruling without checking later developments is not wise.

Travelling is not the same as moving

Consent for a holiday applies to the agreed trip and period. It does not give general consent to change the child’s place of residence permanently. Staying on longer after a holiday can also have far-reaching legal consequences.

In the case of a planned emigration or a long-term stay, parental authority, habitual residence, school and contact must be reassessed. International rules on child abduction may become relevant if a child is taken abroad or retained without proper consent.

Discuss such plans before departure. For a permanent move, you will find more information in moving with your child after divorce. A holiday consent form is no substitute for that.

If you have concrete concerns that the child will not return

Seek specialised legal help immediately if there are concrete indications of a wrongful removal or retention. Keep travel details, messages, documents and earlier decisions. Explain which facts point to a risk and which departure date is known.

In the event of an acute threat, contact the competent emergency services. In addition, have someone assess which civil law and international measures are available. Do not hide or destroy documents yourself, and do not take it upon yourself to bring a child back across the border.

The right route depends, among other things, on the country, parental authority, the child’s habitual residence and the moment at which the situation arises. A standard procedure for holiday consent may then be insufficient.

Example: consent is missing because of unclear information

In a fictitious situation, Amir wants to visit family with his daughter. The other parent is only told that they are ‘going away in August’ and refuses to sign. Amir sees this as obstruction and wants to start proceedings straight away.

After consultation, a complete proposal is sent with dates, the address where they will stay, transport and contact details. It also becomes clear that the return journey does not overlap with the other parent’s holiday. This turns out to resolve a large part of the objections.

If concrete concerns remain, a legal assessment may still be needed. The example shows that a complete proposal strengthens both the discussion between parents and any application to the court. It prevents a dispute from arising solely because of missing practical information.

A request for consent the other parent can assess

Send the information in a single overview instead of spread across separate messages. State the names of the travellers, the travel dates, the address where you will stay and the contact details. Indicate which forms need to be signed and which attachments are required under the official guidance.

Then ask whether there are any specific objections or missing details. This makes it possible to distinguish between a refusal of the trip itself and a practical problem with the documents. Sometimes the other parent is willing to agree, but a return date or the details of an accompanying adult are missing.

Keep the version to which consent was given. If the destination, accompanying adult or period later changes significantly, discuss it again. Earlier agreement to a different trip cannot simply be relied on. This also applies if the change is commercially attractive, for example because of a cheaper ticket on another date.

What should you check after consent from the court?

Read exactly which trip and which documents the ruling concerns. Check the period of validity, any conditions and whether the decision is enforceable. Ask your attorney which copy or other document you should take with you and whether a translation may be needed.

A court decision does not automatically replace another country’s entry requirements. So still check passport validity, visa and any additional requirements for minors. If anything is unclear, contact the competent authority of the destination or transit route.

Inform the other parent of the final plans within the agreements made. Consent from the court does not end every obligation to provide information or to consult on practical changes. Also keep an emergency contact available and give notice in good time if there is a delay.

After your return, it may be useful to improve the holiday arrangements for next time. Record which information will be shared earlier in future and when forms will be filled in. That way, a conflict that has been resolved once does not have to return every school year. A standing agreement must, however, leave room for a substantive assessment of future trips that are significantly different.

Where there are medical issues, a practical plan is also needed: which medication goes with the child, who can be reached and what relevant information does the accompanying adult need? Coordinate this with the persons with parental authority and the healthcare provider. Share only the health information that is necessary and keep documents safe during the trip.

Frequently asked questions

Do I need consent for a holiday within the Netherlands?

The specific border documents do not play the same role for a domestic holiday. Parental authority, the care arrangement and any agreements do still apply, however. A domestic trip must therefore not automatically override existing contact times.

Is a text message enough?

A message can be proof of agreement, but for travel and border checks a fully completed official form with the relevant documents is often much clearer. Check the requirements of the Marechaussee and of the countries concerned.

Can my ex hold on to the passport?

That depends on the circumstances and existing agreements. A dispute about making the document available or about its issue requires its own assessment. Do not use the document as leverage, and seek advice in good time about an appropriate decision.

Can I leave while proceedings are pending?

A pending application is not yet consent. Check whether there is a valid agreement or enforceable decision that covers the specific trip. Leaving without that basis can have significant consequences.

Does a new form have to be signed for every new trip?

Make sure the consent clearly covers the specific trip and period. An old form for a different destination or holiday must not simply be reused. Broader agreements require careful wording.

What should I send to an attorney?

Send the parental authority records, the parenting plan, your complete travel proposal and the other parent’s response. State the departure date and any document problems. Through family law at Arslan you can have the necessary steps assessed. For better agreements in advance, the explanation of the parenting plan will also help.