Planning a trip with your kids after a divorce takes a bit more prep than booking flights and packing sunscreen. Before you leave, you'll want to make sure your paperwork lines up with your custody order, especially if you're heading internationally. Here's what you need to pull together.
Note: Always follow your specific custody order or parenting plan first. This guide gives you a practical starting point, but it can't replace the actual language in your court documents.
Step 1: Read your custody order before you book
Your custody agreement or parenting plan may spell out exactly what you can and can't do for vacation travel, including required notice to the other parent, travel windows, and whether international trips need separate permission. New York courts take these provisions seriously. If your order is silent on vacation travel, that's its own problem worth addressing before your trip.
Travel consent letter template
A notarized travel consent letter tells airlines, border agents, and foreign officials that the non-traveling parent has agreed to the trip. Per USA.gov (April 2026), consent letters for international travel with children should be in English and notarized. Here's what yours should include:
Fields to fill in:
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Child's full legal name, date of birth, and passport number
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Traveling parent's full name and contact info
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Destination, exact travel dates, and where the child will stay
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Non-traveling parent's full name, contact info, and signature
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A clear written statement granting permission for the specific trip
Notary section (to be completed when signed) Both parents don't need to sign in front of the same notary. The consenting parent signs before a notary with a valid government-issued ID. The notary then completes the acknowledgment block. Keep the original in your carry-on and photograph it to your phone.
Don't do this:
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Leave dates vague ("summer 2025" instead of specific dates)
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Forget passport or ID numbers
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Skip contact info for both parents
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Use a generic letter that doesn't name the specific destination
How to get a passport when one parent can't appear
If you're applying for your child's first U.S. passport and the other parent can't be there in person, you'll need Form DS-3053 (Statement of Consent), available from the U.S. Department of State at eforms.state.gov. As of July 2026, the State Department confirms you may also use a notarized written statement in place of in-person appearance.
The State Department also says to always bring a copy of your child's birth certificate or other proof of your legal relationship to the child (travel.state.gov, August 2025). This applies every time you travel internationally, not just when applying for a passport.
Worth knowing: the U.S. doesn't require both parents' permission for a minor to travel internationally, but many destination countries do. Check the entry requirements for your specific destination well ahead of time.
Quick travel checklist (print this for your carry-on)
Legal and court documents
- Certified copy of current custody order (relevant pages)
- Court-approved parenting plan (vacation section)
Passports and identity proof
- Child's valid passport
- Copy of child's birth certificate
- Your government-issued ID
Consent letter
- Notarized travel consent letter (original)
- Photo/digital copy on your phone
Airline logistics
- Arrive at least 2 hours early (3 for international)
- Check your airline's specific requirements for minors
- Keep all docs in your carry-on, not checked luggage
Emergency contacts
- Both parents' names and phone numbers written down
- Any other authorized adult's contact info
Before you leave
- Consent letter dates match your actual travel dates
- Passport valid for at least 6 months beyond return date
- Copies made of every document (front and back)
When to get legal help first
Some situations call for a conversation with a family law attorney before you book anything. These include:
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Your custody order doesn't address vacation travel
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The other parent is refusing to sign a consent letter
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You're traveling to a country with strict documentation requirements
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You need to modify your parenting plan to allow the trip
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You're working against a tight travel deadline and something's missing
When you call, bring your custody order, a draft itinerary, any draft consent letter you've started, and the status of your child's passport application.
At Alatsas Law Firm, we work with Brooklyn families (and those in Queens and Staten Island) on exactly these situations, helping you get the right documents in order before a trip turns into a legal problem. Schedule a free consultation before you book if you have any doubt about where you stand.
This guide is for general informational purposes only and does not constitute legal advice. Your custody order controls. When in doubt, consult a licensed family law attorney in your state.
