Key points about travel permits for minors
The travel permit for minors is one of the forms of social protection in our country. It is a mechanism to avoid conflicts involving, precisely, the little ones. In this regard, the legislation requires having this permit in certain situations. We detail them in depth through this article.
What is the travel permit for children within Spain and abroad, and what is it for?
The travel permit for minors allows children under the age of majority to travel abroad or within the country without the need to be accompanied by their parents or guardians. It constitutes a form of social protection in Spain.
The circumstances in which these trips may occur can be varied, such as accompanying a relative on a trip, spending a few days of vacation with part of the family living abroad, end-of-course trips or, even, in the case of parents living in different countries, visiting one of them temporarily.
This document allows verification that the trip is carried out in a supervised and controlled manner by those who have responsibility for the minor, avoiding misunderstandings about crimes, the main ones being kidnapping or human trafficking. In this regard, international and European Community agreements, together with the State Security Forces and Corps, ensure consent in the transfer.
This resource is regulated by the European Union Regulation 2016/399 of 9 March 2016, by the Organic Law 1/1996, of 15 January, on the Legal Protection of Minors, and by the 4/2015, of 30 March, on the protection of citizen security. As for notarial action, it is governed by the general regulations for the actions of Notaries, especially by the Notaries Law and the Notarial Regulation.
To travel outside Spain and within the European Union (European Economic Area and Swiss Confederation) the minor must always carry their identification (DNI or Passport) and the travel permit deed. In the case of travel to other countries, the document must be apostilled, and, when it is to be used in a country whose language is not Spanish, translated.
When should a travel permit for minors be used?
Although they will not always ask for this permission, there are situations in which a travel permit for minors must be obtained obligatorily. This includes the movement of a minor with Spanish nationality and resident in the State, when travelling outside the national territory:
- When travelling accompanied by only one of the parents
- In the event that they travel alone
- When travelling accompanied by a relative who is neither their parent nor legal guardian
It is important to include, in addition to the travel permit, another authorisation so that the person responsible for the minor can process documents on their behalf, such as visas, travel tickets or the passport in case of loss or misplacement.
The Travel Permit Outside the National Territory for Minors
But what happens when the child goes abroad in the company of one of their parents? In this case, travel permission for minors is usually not required from the other parent. However, the destination country may require it to enter, so it is essential to check beforehand.
Nevertheless, it is common for one parent to give the other permission for the child to travel with only one of their parents, and it is very common to give this travel permission when a minor is going to spend the holidays with the other parent in their country of origin. This travel permission from the parent who is not accompanying them avoids problems during the journey.
| Situation | Travel permission outside the national territory for minors | Observations |
|---|---|---|
| The minor travels abroad alone | Mandatory | Always necessary according to regulations. |
| The minor travels accompanied by an adult who is not a father, mother or legal guardian | Mandatory | Permission is required to avoid legal problems. |
| The minor travels accompanied by one of their parents | Generally not mandatory | Depends on the destination country; it may be recommended or required by the foreign country. It is common for one parent to grant permission for holidays or visits to the other’s country of origin. |
Is a travel permit necessary for children within Spain?
In this case, the permit is not mandatory, but it is recommended to avoid problems with airlines that may request additional documentation or clarify disputes between parents.
It is common to request a travel permit for children within the national territory when the child travels with divorced, separated parents or with third parties.
| Situation | Travel permit for children within Spain | Observations |
|---|---|---|
| Travel within Spain | Not mandatory | Recommended to avoid problems with airlines or disputes between parents. |
| Child travels with divorced, separated parents or with third parties | Recommended | Frequently requested to prevent legal conflicts or clarify parental permission. |
How to obtain a travel permit for children within Spain or to travel abroad?
If you wonder where the travel permit for minors is processed, this procedure is generally carried out at the National Police station, Mossos d’Esquadra or before the Guardia Civil. When the trip takes place within the national territory, the presence of one of the parents will be sufficient. In case it is abroad, both parents usually must appear.
But you should know that there is an alternative: from our notary office in Barcelona we present the procedure for travel authorisation before a Notary,
which has the same legal validity and offers a quick solution in cases of urgency or appointment scheduling bottlenecks.
As you have been able to verify, the travel permit for minors is an essential procedure for the movement of minors. At JLA Notarios, we accompany you throughout any legal process so that you have legal and regulatory validity and we can take care of all the procedures for you, including the possibility of obtaining the Hague Apostille if necessary.
If you need to grant a power of attorney like this, do not hesitate to contact us through the contact form on our website or via email at bcn@jlanotarios.com. We will be happy to assist you.
Frequently Asked Questions about Travel Permits for Minors
In this case, it will be necessary to determine the circumstances regarding the travel permission for minors:
If the minor is travelling alone: it will be important to know which parent holds parental authority. If both are holders, the permission must be granted by both.
If the minor is travelling accompanied by one of the parents in the case of divorce or separation, and does not have parental authority: it is advisable to carry the divorce decree, the passport and ID cards of both parents, and the travel permission signed by the parent who is not travelling. In the event that the travel is not authorised, a court authorisation will be required, justifying the benefit of such travel for the minor.
In order to control and prevent the abduction of minors by one of their parents, this permission can also be required to leave the country. For this reason, it is common for a parent to arrange it for travel when going on holiday to the country of origin with one of their parents.
It is also advisable to present yourself at the Consulate of the corresponding country and complete the necessary documentation according to the applicable legislation.
You may revoke the permission to travel abroad granted to children through a revocation deed at a Notary, which will serve to cancel the previous permission. There are different reasons that may motivate such revocation. It may be caused by changes in the family situation, such as a divorce or separation of the parents, or because the trip involves a risk for the minor due to it being a dangerous destination. Sometimes it also happens because it has been decided that the supervision during the trip is not adequate, because previously established conditions have been breached, or simply due to a change of opinion.
