Why do I need official consent?

If you plan to send your child on holiday abroad in the care of grandparents, friends or even one of the parents, it is important to prepare an official consent signed by the legal guardians of the child (usually parents). Such consent is required in many countries, e.g. in the United States, Canada, Switzerland or in the European Union. Within the Schengen area*, such formalities may seem unnecessary, but the lack of the obligation to give consent to a country's consensus does not mean that it is not legally required.

An important point is consent to “make all decisions regarding medical care by the person under whose care our child will remain during this stay". In the event of any
accident, lack of such consent may lead to problems with the procedure or information about the child's health.

CONSENT IN POLAND

How to properly prepare consent?

• Preparation of consent (a template available on our website in different language versions) which will contain; place and date of its issue, basic data, ex. passport or ID number of parents, child and guardian under whose care the child is leaving, also the place of departure and date and the consent clause for the carer's decision on medical care,
• Consent should be issued in the language of the country of destination,
• Consent must be granted in writing and depending on the country of the destination, it may be required in the form of a notarial deed.

Good to remember;

• According to the Polish Penal Code, art. 211 "who, against the will of the person appointed to care or supervision, abducts or retains a minor under 15 years or a person who is clumsy due to her mental or physical condition is subject to a penalty of deprivation up to 3 years".
• If the father and mother of the child are not married, they live separately, but the father recognized the child in the civil registry office - they are both entitled to parental responsibility. In the situation when one of the parents intends to go abroad with a child, he/she must obtain the consent of the other parent.
• Permission to make a passport for a child requires the signatures of both parents at the passport office, or possibly a notary document, certifying that the parent has agreed on a passport for the child. If a visa is needed, then the consular post of the destination country will demand that both parents agree to issue a visa.

Consent of one parent only;

Under Polish law, a parent can take a child abroad without the consent of the other parent, if:

• one of the parents was deprived of parental authority over the child by court order,
• the parental responsibility of one of the parents was suspended by court order,
• parental authority was restricted by a court,
• if the child has not been adopted by the spouse of the parent - the biological parent decides about minors travel

CONSENT IN SPAIN

In Spain, the requirement is to sign an official model of consent available at any Gaurdia Civil or Policia Nacional station. The form must be signed on the spot in the presence of officers by the legal guardians of the child.

• Consent form 1
• Consent form 2

Download consent form

* According to Annex VII, Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

6.   Minors

6.1.   Border guards shall pay particular attention to minors, whether travelling accompanied or unaccompanied. Minors crossing an external border shall be subject to the same checks on entry and exit as adults, as provided for in this Regulation.

6.2.   In the case of accompanied minors, the border guard shall check that the persons accompanying minors have parental care over them, especially where minors are accompanied by only one adult and there are serious grounds for suspecting that they may have been unlawfully removed from the custody of the person(s) legally exercising parental care over them. In the latter case, the border guard shall carry out a further investigation in order to detect any inconsistencies or contradictions in the information given.

6.3.   In the case of minors travelling unaccompanied, border guards shall ensure, by means of thorough checks on travel documents and supporting documents, that the minors do not leave the territory against the wishes of the person(s) having parental care over them.

[Https://eur-lex.europa.eu/legal-content/PL/ALL/?uri=celex%3A32006R0562]