The summer holidays are approaching and you have plans to take the children abroad. The tickets have been selected, the accommodation has been reviewed, but one crucial question remains: does your ex-partner need to give permission for this trip? And exactly which documents do you need to take with you to avoid problems at customs?
It is a situation that is confusing for many divorced parents. The rules surrounding holidays with children after divorce and consent are strict, but not everyone is familiar with them. Unfortunately, this inresults to distressing situations at Schiphol Airport each year, where parents are stopped by the Royal Netherlands Marechaussee because their paperwork is not in order.
The most important message in advance: Do you have joint custody? Then consent from the other parent is required for every trip abroad.
For immediate clarity, you can follow the decision tree below for your situation:
Are you going on holiday with your child?
↓
Are you staying within the Netherlands? → ❌ No legal consent required (but do inform the other parent)
↓
Are you going abroad?
↓
Who has parental authority?
↓
Joint custody? → ✅ Permission REQUIRED
↓
Sole authority (only you)? → ❌ No consent required (but bring supporting documents)
In this article, we explain in detail when you need permission, how to fill in the child holiday permission form correctly and what you can do if your ex-partner refuses to cooperate. Good preparation will help you avoid stress at the border.
Disclaimer: This article provides general information about travelling with children after divorce. Rules may vary depending on the situation. If in doubt, consult a specialist family law solicitor. Always check the latest travel regulations at rijksoverheid.nl.
The short answer: When is consent required?
Whether you need your ex-partner’s signature depends on two factors: the destination and the custody arrangement.
Situation A: Holiday WITHIN the United Kingdom
If you decide to take the children on a week-long holiday to Zeeland or the Veluwe, you do not need legal permission from your ex-partner. Within the country’s borders, you are free to travel during the days that the children are with you according to the access arrangement.
However, it is wise and good parenting to inform the other parent of where you are staying. This is not only polite, but also necessary for accessibility in case of an emergency. No forms are required for domestic travel.
Situation B: Holidays abroad
As soon as you cross the border, the rules change drastically. This applies to all countries, including a day trip to an amusement park in Germany or a weekend in the Ardennes in Belgium.
To determine whether you need permission, you need to know who has parental authority. You can check this by requesting an extract from the parental authority register at the court.
Scenario 1: Joint custody (most common)
Were you married or did you have a registered partnership? Then you automatically have joint custody. Even after a divorce, this joint custody remains in principle, unless the court has decided otherwise.
- Rule: You need the other parent’s written consent to travel with your child after divorce.
- Risk: Travelling without this consent is a criminal offence and you may be stopped at the border.
Scenario 2: Sole parental authority (you alone)
Are you the sole parent with parental authority over the children and the other parent does not?
- Rule: You do not need permission. You can decide independently to travel abroad.
- Please note: You must be able to prove at the border that you are the sole custodian (see section on documents).
Scenario 3: Sole parental authority (only your ex-partner)
- Rule: You do need permission. Your ex-partner is the only one who is legally allowed to decide on the child’s place of residence.
The government applies these strict rules to prevent child abduction. Every year, hundreds of children are removed from parental custody by one of their parents. The strict checks by the Royal Netherlands Marechaussee are intended to reduce this number.
The consent form: What is it and how does it work?
To prove that you have the consent of the other parent with parental authority, you must use the official form provided by the government. A handwritten note or a WhatsApp message is often not sufficient for border control.
The form, officially called ‘Formulier toestemming reizen met minderjarige naar het buitenland’ (Form for permission to travel abroad with a minor), is available in Dutch and English. You can download the consent form for children travelling on holiday free of charge from the government website.
Download link: Go to Rijksoverheid.nl and search for ‘Formulier toestemming reizen met minderjarig kind’ (Form for permission to travel with a minor child).
What does the form contain?
The document asks for specific details to ensure transparency:
- Personal details: Of the child, the accompanying parent and the consenting parent.
- Travel details: The exact travel period (departure and return dates), the destination countries and the address of accommodation (such as hotel or campsite).
- Signature: Date and signature of the parent staying at home, plus a copy of his or her identity document for verification purposes.
Important points to note when completing the form
It is not permitted to have an ex-partner sign a blank form (“I’ll fill in the destination later”). The consenting parent has the right to know exactly where the child is staying. In fact, your ex-partner may refuse to sign as long as the travel details are not fully completed.
A completed form is valid for the specific travel period you have specified. For a subsequent holiday, you must again request permission from your ex-partner and complete a new form.
What documents do you need to bring with you?
You don’t want any surprises at the border or at the airport. Make sure you have all your documentation in order.
📋 PRINT-AND-GO CHECKLIST
Collect the following documents in a folder for your hand luggage:
□ Consent form (fully completed + original signed)
□ Copy of passport/ID card of the consenting parent (for signature check)
□ Passport or ID card of the child (check the validity!)
□ Extract from the custody register (highly recommended, proves who has custody)
□ Child’s birth certificate (international version, recommended if surname is different)
□ Travel insurance details
□ Contact details for accommodation and flight numbers
□ Ex-partner’s telephone number for emergencies
✅ Everything complete? Then you are ready to go!
Explanation of the documents
If you have joint custody, the child’s passport, the consent form and a copy of your ex’s ID are essential. Although an extract from the custody register is not always mandatory, the Marechaussee often requests it to avoid delays. This extract must not be older than six months.
Do you have sole custody? Then you do not need to bring a consent form. Instead, the extract from the custody register is mandatory. This is your proof that you alone are authorised to make decisions. If you travel without this proof, customs may assume that there is another parent who should have given consent.
If a parent is deceased, bring the death certificate with you. If your child has a different surname than you, an international birth certificate (or BRP extract) is crucial to prove the parent-child relationship.
Applying for a passport for a child after divorce
Before you can travel, your child will need a valid travel document. Please note: even for applying for a passport or ID card, the consent of both parents is required in cases of joint custody.
The procedure at the local authority is strict:
- Presence: The child must often be present in person when the application is made.
- Consent: Both parents with parental authority must give their consent. This can be done by both parents physically accompanying the child to the counter, or by bringing a written statement of consent (including a copy of ID) from the absent parent.
Is your ex-partner refusing to cooperate with the passport application? Then you can ask the court for substitute consent for the application for the travel document. Because this is a legal process, you must initiate it in good time.
What if your ex refuses to give permission for the holiday?
Unfortunately, it happens: the trip is booked, but your ex-partner refuses to sign the consent form. Sometimes out of genuine concern, sometimes because of mutual conflicts.
If consultation is no longer possible, you can initiate summary proceedings through a solicitor to request substitute consent for the holiday from the court. The court will then make the decision instead of the refusing parent.
What does the court consider?
The court will weigh up the interests involved. Consent is often granted if:
- You have informed your ex-partner about the trip in a timely and complete manner.
- The holiday destination is safe (no negative travel advice).
- The trip does not unreasonably disrupt contact with the other parent.
- You compensate for any missed access arrangements.
The court will often reject the request if there is a real risk of child abduction, the destination is unsafe (e.g. a war zone), or if the holiday conflicts with previous agreements in the parenting plan.
⏰ MAKE ARRANGEMENTS IN GOOD TIME!
Do not wait until the last minute to arrange documents or take legal steps. Processing times can be lengthy:
- Extract from the register of parental authority: 1-2 weeks waiting time
- Passport application: 5 working days (urgent: 1-2 days)
- Replacement court order: 6-8 weeks
Advice: Start arranging this at least 2 MONTHS before departure!
Practical holiday tips for divorced parents
Good preparation not only prevents legal problems, but also ensures peace of mind during the holiday.
Before departure: Inform your ex-partner of your plans at least one to two months in advance. Share the flight details and the address of the hotel or holiday home. Keep communication businesslike and friendly; this increases the likelihood of cooperation. Also check the agreements in your parenting plan regarding holidays.
During the holiday: Make clear agreements about contact times. Is the child allowed to call or FaceTime the other parent? It is nice for the child to be able to share holiday stories. Make sure you are always available by phone in case of emergencies.
After the holiday: Make sure you bring the child back or hand them over at the agreed time. Strictly respect the access arrangement; returning late can permanently damage trust and jeopardise future consent.
Travelling without permission: What are the risks?
It may seem tempting to ‘take a chance’ if your ex is being difficult, but this is a very unwise choice. Travelling abroad with a child without permission is a criminal offence. Legally, this is classified as withdrawal from parental authority and, in serious cases, as international child abduction.
What can happen?
- Border control: The Marechaussee carries out strict checks. If you cannot show the form, you will be stopped. Your holiday will then end at the airport, and you will lose the cost of tickets and accommodation.
- Criminal law: Your ex-partner can report you for withdrawal of parental authority. This can lead to a criminal record, a fine or even a prison sentence.
- Civil law: The court may order you to return immediately on pain of a penalty. In addition, such action may result in a change in custody or the child’s primary residence, as the court may question your reliability.
Therefore, never travel without the required documents. The risks do not outweigh the enjoyment of the holiday.
Special situations
Sometimes your situation does not fit the standard picture. Below are some common scenarios:
- Travelling with grandparents: Are the children travelling with grandparents or other family members? Even then, permission from the parents with parental authority is required. Use the same form, but have the grandparents fill in ‘accompanying person’. Both parents with parental authority must sign.
- School trip: The school typically requests permission for an international trip. Check whether the school’s form provides sufficient legal coverage.
- Other parent untraceable: This is complex. You can try to find an address through the local authority (BRP). If this is not possible, you must ask the court for substitute consent. Bring evidence of your efforts to find the other parent.
Frequently asked questions
Do I need permission for a holiday within the United Kingdom?
No, legal consent is not required for a holiday within the Netherlands. However, it is polite and sensible to inform the other parent.
Does this also apply to a weekend in Paris or the Ardennes?
Yes, as soon as you cross the border, consent is required. The duration of the trip is irrelevant; the rules are the same for a weekend away as for a month-long holiday.
My child has a different surname. Is that a problem?
This may raise questions at border control. Therefore, in addition to the consent form, always bring the international birth certificate with you to prove the parent-child relationship.
Can my ex withdraw consent afterwards?
Legally, this is difficult once consent has been given in writing, unless there are new, compelling circumstances (e.g. acute danger to the child). Always try to resolve this through consultation or legal channels and not on your own.
Conclusion
Going on holiday with your children is important, even after a divorce. The key to a carefree trip lies in preparation. Remember: in cases of joint custody, consent for foreign travel is always required. If you are travelling within the United Kingdom, you do not need to arrange a form, but it is still polite to inform the other parent.
Start arranging the paperwork at least two months before departure. Download the form, check the validity of passports, and, if necessary, request a signature in good time. By being transparent and recording everything properly, you can avoid tension and focus on what really matters: enjoying time with your children.
Tip: Take photos of all signed documents and passports and save them digitally on your phone as a backup.
Do you need help?
Are you planning a holiday abroad with your children and cannot obtain permission from your ex-partner? Or do you have questions about your rights? Contact Law & More. Our specialist family law solicitors can help you with substitute consent procedures and advise you on your situation. In urgent cases, we can act quickly so that your holiday can still go ahead.
