INTERNATIONAL TRAVEL WITH A CHILD: WHAT TO DO WHEN THE FATHER OR MOTHER DOES NOT GIVE CONSENT?

International travel has become increasingly common among Brazilian families. However, when parents are separated or divorced, conflicts and disagreements may arise regarding their children’s travel abroad. Sometimes there is an express refusal; in other cases, the other parent remains silent after being asked for consent or simply says, “I’ll think about it,” without ever providing a response.

When the parents cannot reach an agreement, the lack of consent may prevent the child from travelling. The good news, however, is that although this situation can be stressful, there are well-established legal avenues available.

1. How Parents Can Reach an Agreement on International Travel with a Child

Before taking any formal legal action, it is worth trying to resolve the matter through dialogue, as a refusal does not necessarily arise from bad faith. Sometimes it may be the result of insecurity, a lack of information, genuine concerns about the child’s safety, or fear that the child may not return.

When our cases involve Family Law matters, our firm’s first choice is to seek an amicable solution. This is not only because it may reduce financial costs, but, above all, because it can help avoid unnecessary emotional strain. Matters involving children and family relationships are particularly sensitive. Regardless of past conflicts, parents will remain connected by their responsibility to care for their children and make important decisions concerning them. The more constructive their relationship, the better.

With this in mind, it may be helpful to share concrete details of the trip with the father or mother who is reluctant to give consent, including the travel dates, destination, accommodation, and purpose of the trip, such as a vacation, exchange program, or visit to relatives.

If the other parent still refuses, it may be advisable to consult an attorney specializing in International Law to help mediate the conflict. The attorney can explain what legal and administrative measures may be available to provide the parent with greater legal security before consenting to the trip, including measures that may apply if the child does not return to the country after the trip.

This is particularly relevant because important international legal cooperation instruments may, in certain circumstances, facilitate the child’s return to their country of habitual residence in cases of wrongful removal or retention abroad. Understanding these mechanisms can help the parent make a safer and more informed decision about whether to give consent.

If, despite these efforts, the other parent continues to refuse, it may be time to consider legal action.

2. When the other parent refuses: judicial authorization for a child’s international travel

When the parents cannot reach an agreement, it is possible to seek a Judicial Authorization to Travel, asking the court to issue a decision that substitutes for the other parent’s consent and allows the child or teenager to travel abroad.

In such cases, documents such as the child’s birth certificate, proof of custody (if applicable), travel itinerary, and, whenever possible, evidence of attempts to reach an amicable agreement may need to be submitted.

When reviewing the application, the judge will always consider the best interests of the child or adolescent, rather than simply focusing on the conflict between the parents. Factors that may be considered include:

• The reason given by the parent refusing to provide consent;

• Whether there is a history of previous international travel without problems;

• Whether there is a concrete risk that the child may be retained abroad;

• The relationship between the child and the parent who has refused consent.

The timeframe can vary considerably depending on the court and the urgency of the request. For this reason, the most important warning in this article is: **do not leave it until the last minute.** Court proceedings, even relatively straightforward ones, take time, and last-minute travel arrangements may not leave enough time for the matter to be resolved before the intended departure date.

What if the other parent cannot be located?

There is an important distinction between an express refusal — when the father or mother clearly states, “I do not give my consent” — and a situation in which the other parent is absent or their whereabouts are unknown.

When the other parent cannot be located, the court may, as a last resort, authorize service by publication, a form of public notice used when all reasonable attempts to locate and serve the person directly have been unsuccessful. The court will assess the circumstances and history of the case and may make its decision based on the best interests of the child, even without a response from the other parent.

3. You are not alone in this

If you are currently facing this situation, know that many mothers and fathers go through similar circumstances, particularly after difficult separations. Seeking legal advice from an attorney specializing in International Law is the safest way to understand the options available and determine the most appropriate course of action for your particular case.