Travel of a Child Abroad with One Parent: Declaration, Consent, and Refusal

Travelling abroad with a child often appears to be a purely organisational matter — tickets, luggage, hotel, and documents. Where, however, the child is travelling with only one parent, with a third person, or without a parent, the issue also has an important legal dimension.

The short answer is: where a child travels abroad with one parent, it is usually necessary to check whether a notarised declaration of consent from the other parent is required, whether the child has a valid travel document, and whether there is any dispute between the parents regarding the child leaving the country. Where consent is refused, court proceedings for substitute consent may be necessary.

The Ministry of Foreign Affairs refers to the information published by the Border Police concerning border checks of Bulgarian citizens under the age of majority when leaving Bulgaria, and the Ministry also maintains template declarations for children’s travel.

If there is a dispute between parents, a refusal to sign a declaration, or uncertainty regarding parental rights, you may review the page Legal Services in Burgas or contact the law firm through Contacts.

When is a declaration for a child’s travel required?

A declaration of consent is most commonly required where a minor child leaves Bulgaria with only one parent, with another accompanying person, or without an accompanying person. Its purpose is to certify that the parent who is not travelling with the child consents to the child leaving the country.

Where the child is travelling with both parents, the same issue will not usually arise, but it is still necessary to check the validity of the identity documents, the requirements of the destination country, and any specific rules imposed by the airline or travel organiser.

It is important to distinguish between the documents required for leaving Bulgaria and the documents that may be required for entering another country. Some countries or airlines may have additional practical requirements, particularly where the child is travelling with only one parent.

What should the declaration contain?

The declaration should be clear and specific. It will usually state the details of the child, the details of the parent giving consent, the details of the accompanying person, the country or countries to which the child will travel, the duration of the trip, and the permission for the child to leave the country.

The Ministry of Foreign Affairs publishes forms and templates, including declarations for children travelling with an accompanying person and for a child travelling independently. 

It is advisable for the declaration not to be overly general where the travel is specific — for example, a summer holiday, a school excursion, a sports competition, or a visit to relatives. The more clearly the country, duration, and accompanying person are described, the lower the risk of difficulties during inspection.

Notarial certification — why is it important?

The declaration of consent should bear notarial certification of the signature. Where the parent giving consent is abroad, the certification may be carried out before a Bulgarian consular officer or under another applicable procedure allowing the document to be recognised for the purposes of the travel.

Where the declaration has been issued abroad, questions may arise regarding an apostille, legalisation, or translation. This depends on the country in which the document was signed and on the regime for recognition of the relevant certification.

What documents should the child carry?

First of all, the child must have a valid travel document — a passport or an identity card, where travel with an identity card is permitted. The period of validity should also be checked, as some countries require the document to remain valid for a certain period after the date of entry or departure.

It is also advisable to carry the birth certificate or a copy of it, particularly where the surnames of the parent and child differ, where the child is travelling with a third person, or where there may be a need to prove the parental relationship.

For organised travel abroad of Bulgarian citizens under the age of majority who are not accompanied by a parent, the Ministry of the Interior recommends that the declaration should authorise the accompanying person to sign documents for the issue of a new Bulgarian identity document if necessary, for example where a document has been lost or stolen. 

What mistakes most commonly cause problems?

The most common problems arise from incomplete personal details, incorrect document numbers, an unclear duration, failure to specify the destination country, absence of notarial certification, or the use of an old template that does not reflect the specific trip.

A problem may also arise where the declaration is for “unlimited” travel, but there is in fact a dispute between the parents, or where one parent has withdrawn consent. In cases of conflict between the parents, it is advisable for the documents to be prepared more carefully and in good time.

Another practical risk is a discrepancy between names in the documents — for example, following divorce, a change of surname, or a different spelling of the names in Latin script.

What happens if the other parent refuses to sign the declaration?

If the other parent refuses to give consent, the reason for the refusal should first be clarified. Sometimes the dispute concerns the specific destination, the duration, the accompanying person, the child’s health, the school term, or fears that the child may not be returned to Bulgaria.

Where voluntary agreement cannot be reached, it is possible to seek judicial authorisation — so-called substitute consent. The court assesses the child’s best interests, the purpose of the travel, the duration, the country, the relationship between the parents, and all the circumstances of the case.

It is important not to wait until the last moment. Court proceedings require time, and where travel is planned, evidence should be prepared — invitation, tickets, reservations, travel details, medical documents, sporting or educational reasons, where applicable.

Can mediation help in a dispute between parents?

Yes, in some cases mediation may be helpful. Where the dispute is not related to a risk to the child, but to a lack of trust, poor communication, or unclear travel conditions, mediation may help the parents reach a specific arrangement.

For example, the parties may agree on the destination, duration, the means of contact with the child, provision of travel information, copies of tickets, and the address of stay. You can read more about this possibility on the page Mediation.

Travel after divorce or separation

After divorce or separation, parental rights and the contact arrangements do not automatically remove the need for consent for travel abroad. Even where one parent exercises parental rights, in many cases the child’s departure from the country still requires the consent of the other parent or judicial authorisation.

For that reason, it is important to review the court decision or the agreement between the parents. In some cases, it may already contain clauses relating to travel abroad, time periods, countries, or the procedure for giving consent. If such clauses are absent, additional arrangements may be required.

Travel with a third person — grandparent, relative, coach, or teacher

Where the child is travelling with a third person, for example a grandparent, relative, coach, teacher, or group leader, the declaration should clearly identify the accompanying person. It is advisable to include their full details and identity document.

For group travel, sports competitions, camps, or school excursions, it is important for the documents to be prepared in good time, because the organiser may have its own deadlines for collecting declarations and copies of documents.

What should you do before the trip?

Before travelling, check the validity of the child’s identity document, whether a declaration from the other parent is required, the accuracy of the details in the declaration, the requirements of the destination country, the conditions imposed by the airline or organiser, and whether there is any dispute or restriction that may prevent the child from leaving the country.

If there is tension between the parents, it is advisable for the matter to be discussed and resolved sufficiently early. Written communication may be useful if it later becomes necessary to prove that consent was requested but refused without valid reason.

When is it advisable to consult a solicitor?

Legal advice is recommended where the other parent refuses to sign the declaration, where there is a dispute concerning parental rights, where the child needs to travel urgently, where the trip is for a longer period, where the parent is abroad, where there is a risk of the child not being returned, or where the documents were issued abroad and their validity needs to be assessed.

Solicitors’ assistance may include reviewing the documents, preparing the declaration, assisting in negotiations between the parents, mediation, or preparing court proceedings for substitute consent.

For a specific matter, you may contact the law firm through the page Contacts or review further information about the legal services in Burgas provided.

Conclusion: A child’s travel abroad with one parent should be prepared in good time. Check the travel document, the declaration of consent, the details of the accompanying person, the duration, and the destination country. If the other parent refuses consent, do not delay — substitute consent from the court may be required.