Child Travel Consent Letter in Australia: When You Need One and What It Should Say

A child travel consent letter is a short signed letter from a child’s parents or guardians saying they agree to a trip. Australian government travel advice says a child may need one when travelling alone or with someone who is not their parent or guardian, and that a parent travelling without the other parent may need proof of the other parent’s consent. The letter names the child, who they are with, where they are going and their passport details, and it should be signed and witnessed.

Claim Done drafts a consent letter for a child to travel from your answers for a flat A$29. You read it, download it, then print and sign it.

When a consent letter is asked for

The Australian Government’s Smartraveller advice on travelling with children covers the common cases. It says there are laws around children travelling without both parents, and that airlines also have rules you must follow.

Notice the wording: “may need”. Smartraveller also says the country your child travels to may have forms you must complete, and tells you to contact that country’s embassy or consulate to find out if there are entry rules for children. A sports tour is like the school group example: the child is with adults who are not their parents.

On the Australian side, the Australian Border Force’s Arriving and leaving page says all arriving and departing passengers must have a valid passport or travel document. That page does not mention a consent letter. You carry the letter so it is ready if an airline or an official asks.

First, check whether there is a parenting order or a court case

The Federal Circuit and Family Court of Australia explains on its page about relocation, travel and the Hague Convention that if a parenting order has been made about a child, or someone has applied for one, it is a criminal offence to take or send the child from Australia unless:

• each other party to the order or the proceedings has given “authenticated written consent” to the child being removed from Australia, or
• a court has made a parenting order which specifically allows the child to be removed from Australia.

The Court says the penalty is imprisonment for three years. The offence where an order is in force is in section 65Y of the Family Law Act 1975. The Court also says it is an offence to keep the child overseas in a way the consent or order does not allow, such as staying longer than permitted.

“Authenticated written consent” has a set meaning. The Court’s page says the consent is recorded in writing in a document, the person giving it has signed the document, and a person authorised to take statutory declarations has satisfied themselves about that person’s identity and witnessed them signing.

Claim Done does not prepare this letter where there is a parenting order or a family law court case about the child. If that is your situation, read the Court’s page and get legal advice before you book.

Even with no order, Smartraveller says that before taking your child overseas you must get consent from anyone with parental responsibility for them, or get a court order to let them travel, and that you may be breaking the law if you do not.

What the letter should contain

Smartraveller says the letter usually states:

• the child’s name, gender, and place and date of birth
• who the child is with
• where the child is going
• the child’s passport information.

It also says the letter should be signed by the parents and witnessed by a public official. Exact dates, flight numbers and a phone number for the parents are not on Smartraveller’s list, but they make the letter easier to check, so the Claim Done letter includes them.

How the letter is set out

This is the structure of the letter Claim Done drafts.

1. Sender. The full names of the parents or guardians giving consent.
2. Greeting. “To whom it may concern”.
3. Subject line. Consent for the child, by name, to travel to the destination.
4. The consent. One sentence: who consents, how they are related to the child, who the child travels with, where to, and the dates.
5. The child. Full name, sex, date and place of birth, and for overseas trips the passport number, country and expiry date.
6. The travelling adult. Full name, relationship to the child and passport number if you give it. If the child is flying alone, the letter says so.
7. The trip. Destination, dates and flight numbers if you have them.
8. Contact. A phone number and email for the parents during the trip.
9. Signatures. A signature and date line for each consenting parent, and a witness section if you want one.

Should you have it witnessed?

Smartraveller’s advice is that the letter should be witnessed by a public official. Its page on notarial services says the Department of Foreign Affairs and Trade does not witness signatures in Australia, even if you plan to use the document overseas. It says that in Australia a Justice of the Peace can witness signatures, and that a JP’s signature is recognised anywhere in Australia.

The same page says JPs cannot certify documents for use overseas and that a Notary Public must do that. It lists witnessing signatures on documents for use overseas as something an Australian Notary Public can do. So if the embassy of the country you are visiting asks for a notarised letter or its own form, follow what it says. Sign in front of the witness, not before.

What else to carry

For a parent travelling alone with a child, Smartraveller’s other examples of extra documents are proof of any custody agreements, proof of guardianship, adoption papers, and a certified copy of the child’s birth certificate, particularly if it does not list the travelling parent.

Give the signed original to the adult travelling with the child and keep a copy at home. If the child is flying alone, ask the airline about its permission form.

If the other parent will not agree

A consent letter records agreement that already exists. It cannot create it. The Court’s page tells a parent planning a trip to advise the other parent as soon as possible, with full details, and to ask whether they agree. It says parents who want help to agree can attend family dispute resolution, and that if they cannot agree they can ask the Court for parenting orders, including an order which allows a child to be taken or sent outside Australia.

If there have been court orders about the child, also check whether the child is on the Family Law Watchlist. The Australian Federal Police says the Watchlist alerts police when certain children leave Australia, and that if you do not tell the AFP about a listed child’s travel it may delay your departure or prevent the child from travelling.

Mistakes to avoid

• Treating the letter as a passport consent. It is not. The Australian Passport Office says each person with parental responsibility consents to a child’s passport by completing sections 12 to 15 of the application form.
• Vague details. Write names as they appear on the passports. Give exact dates and the destination.
• Not checking the destination. Ask the embassy or consulate whether it has its own form.
• Leaving it late. Finding a witness takes time.

If every parent or guardian agrees and there is no parenting order or court case, you can have the letter ready today. Answer a few questions and Claim Done drafts your child travel consent letter for a flat A$29, with a witness section ready for a Justice of the Peace. Claim Done is not a law firm and does not give legal advice.