Is the other parent's permission required to travel abroad with minor children in shared custody?
In Spain, joint custody does not automatically mean that both parents must authorize every day-to-day decision related to the children.
However, when it comes to traveling abroad, especially during the holidays, many questions arise.
One of the most common is whether it is mandatory to have the permission of the other parent to be able to leave the country with the minors.
What happens if one of the parents wants to travel outside of Spain with their children?
If you are on your vacation period according to the regulatory agreement or the shared custody sentence, you do not need the express permission of the other parent to take a trip abroad with your children.
This is understood by judicial practice and current regulations, which consider this type of transfer as part of the ordinary exercise of guardianship and custody, provided that the minors' habitual residence and routine are not substantially altered.
This means that you can organize the trip on your own, as long as:
- There are no judicial measures preventing the minor from leaving the country.
- The destination, duration, and purpose of the trip must be in accordance with common sense and the best interests of the child.
- Respect the terms and conditions of the established visitation and vacation regime.
What does the Civil Code say about traveling abroad with minors?
Spanish legislation does not establish, as a general rule, the obligation to obtain the consent of the other parent to travel abroad with the children during the holiday periods.
However, it does contemplate exceptional situations in which the judge can intervene and limit freedom of movement.
Specifically, if there is a well-founded risk that one of the parents may abduct the minor, the Article 158 of the Civil Code allows the judge to agree on specific measures such as:
- Prohibit the minor from leaving the national territory without judicial authorization.
- Order the retention of the passport.
- Any change of address of the minor must be subject to prior judicial authorization.
These measures are not automatic. They are only applied when there are serious indications and are aimed at protect the minor, not to unjustifiably restrict the rights of parents.
In which cases is authorization required?
There are three situations in which consent from the other parent or judicial authorization is required to travel abroad with children:
- Existence of a judicial measure prohibiting the minor from leaving the country.
- Risk of international abduction, assessed by the judge.
- Express clause in the regulatory agreement that requires such consent.
In any of these cases, failure to comply with the measure could result in serious legal consequences, including possible criminal liability for child abduction, as well as civil repercussions such as a change in custody arrangements.
What if the regulatory agreement is silent on this issue?
If the regulatory agreement or judgment does not contain a specific clause on travel abroad, the general regime applies.
That is to say, The parent who is with the minors during their vacation can take them with them outside of Spain without having to ask permission..
However, it is recommended to review the document carefully, as some agreements include clauses requiring advance notice of any international travel or the sharing of relevant information about the trip.
In case of doubt or disagreement, it is always preferable to clarify it first through dialogue or, if necessary, through a judicial request.
How to act in practice when traveling internationally?
Although the law does not require the consent of the other parent in all cases, administrative practice may be more demanding.
At airports, ports, and border crossings, the National Police may require certain documentation, especially if the minor is traveling alone with one parent.
Therefore, it is advisable to bring with you:
- A copy of the judgment or regulatory agreement that certifies custody during that period.
- An authorization signed by the other parent (although not mandatory), especially if the trip is to countries that require this type of documentation.
- DNI or passport of the minor and the parent traveling with him/her.
This precaution not only facilitates border control, but also helps avoid misunderstandings and unnecessary arguments.
What consequences can there be if you travel without complying with the conditions?
When a court order restricts a minor's exit from the country, ignoring it can constitute a serious breach of court rulings.
This could lead to:
- Complaints for disobedience.
- Actions to modify the custody regime.
- In extreme cases, child abduction crimes with prison sentences.
Therefore, if there are doubts about the existence of any measure in force or if there is a conflict with the other parent, the most prudent thing is Consult with a lawyer and, if necessary, request judicial authorization before the trip.
Is it advisable to always inform the other parent?
Yes, although it is not legally required in all cases.
Clear and transparent communication between parents, especially on issues such as traveling with children, helps to:
- Avoid subsequent conflicts.
- Promote a climate of trust and collaboration.
- Protect the interests of the minor.
Informing the destination, the duration of the trip, and how to contact them in case of need may be sufficient in most cases.
Conclusion
Under shared custody, It is not necessary to obtain the other parent's permission to travel abroad with children during the holidays, unless there is a judicial measure that prevents it, unless otherwise agreed in the regulatory agreement, or there is a well-founded risk of abduction of the minor.
In the absence of these circumstances, the parent enjoying the vacation period may travel with their children outside of Spain, provided they comply with the provisions of the ruling or the regulatory agreement.
Even so, it is important to act responsibly.
Carrying documentation that supports your trip and keeping the other parent informed can avoid unnecessary conflicts and administrative problems at the border.
RRYP Global, international custody lawyers.
