· Notary · Translated from the Hebrew original
When the document is necessary
- The child flies alone, accompanied by the airline.
- The child travels with grandparents, another relative, a coach or a group escort.
- The child flies with one parent, and the destination country or the airline asks for the consent of the other parent.
What the consent must contain
The details of the child and both parents, the destination country and travel dates, and the identity of the escort. Where necessary, consent to medical treatment on the way and the escort's authority to make decisions in an urgent situation are added. It is worth coordinating the wording in advance with the consulate or the receiving body.
When the other parent is unavailable
Instead of consent, a suitable document is presented: a death certificate, a court decision on guardianship, or an exit permit. When the whereabouts of the parent are unknown, the matter is decided in the Family Court. This is not a short procedure, so it is started in good time and not a week before the flight.
Exit restraining order
This is a separate and painful subject: at the request of one of the parents, the court may issue an order preventing the child from leaving the country. The order is registered in a database and is usually discovered at the airport. It is worth checking whether one exists before buying tickets; it can be cancelled only by a court decision.
Is an apostille required
If the document is presented outside Israel, almost always. The apostille on the notarial certification is given at the Magistrate's Court secretariat. We handle the consent, the translation and the apostille as one package.
How long the consent is valid
The validity is set in the document itself. Usually it is given for a specific trip with the dates stated; it can also be drafted for a longer period.
What to bring to the meeting
- The identity cards of both parents.
- The child's birth certificate.
- The escort's details and an identity document of the escort.
- Details of the trip: country, dates and purpose.
- Court decisions on guardianship, if any.
The parents may sign at different times; there is no obligation to come together.
What happens at the border
Border control checks whether an exit restraining order exists and checks the escort's documents. The absence of consent does not always stop the flight from Israel, but the problems begin on entry to the destination country and on return: airlines and consulates check strictly, and a child without consent may not be allowed to board the plane.
Travelling with one parent
Even when the child flies with one of the parents, some countries ask for the consent of the other parent, especially when the surnames on the documents differ. A practical rule: if the surname of the child and of the accompanying parent are not the same, take the birth certificate and the consent of the other parent.
Divorce and joint guardianship
Under joint guardianship the decision on leaving the country is made by both parents, and taking a child out unilaterally may be regarded as a breach of guardianship with all that this implies, including proceedings under the Hague Convention on child abduction. When agreement is not reached, the Family Court decides.
When the consent of both parents is required
Issuing a passport or a laissez-passer for a minor usually requires the consent of both parents. When one of the parents refuses or is unavailable, the consent is replaced by a decision of the Family Court, which examines the best interests of the minor and the circumstances of the trip.
What to prepare in advance
- The parents' identity cards and the appendix in which the minor is registered.
- The minor's birth certificate.
- The signed consent of the other parent and, in some cases, a certified one.
- Travel documents: destination, dates and who accompanies the minor.
Exit restraining order
When an exit restraining order exists, a valid passport is not enough: a separate application must be made to the court to cancel the order or for a one-time exit permit, usually subject to guarantees. It is worth checking whether an order exists before buying tickets and not after.
This article is general information and is not a substitute for legal advice.