Taking a Child Abroad: Consent Letter, Custody and Travel Permission

Research date: October 11, 2026

Whether the other parent's consent is needed to take a child abroad depends on the custody arrangement, the purpose of the trip, existing court orders and the rules of the destination country. Under Turkish law, a parent who exercises custody alone does not, as a rule, need the former spouse's permission to travel with the child. Even so, a passport application, a visa, a border crossing and the child's beginning to live in another country should be assessed separately. A valid passport does not confer unlimited authority on all of these matters. [1–4]

This guide explains which decisions and documents are reviewed for trips made for vacation, family visits, education and relocation, the routes that may be followed if consent is not given, and the consequences of not returning the child. The explanations on Turkish law do not replace the entry and residence rules of a foreign country.

Which four issues should be separated first when traveling abroad with a child?

Answering a parent's question “Can I take my child abroad?” only with “get a consent letter” or “it is not needed if you have custody” falls short. First the authority to make decisions should be reviewed, then the travel documents, the conditions for entering the country and the consequences of the trip under family law.

For example, consent given to the issuance of a passport does not always mean consent to the child living in another country indefinitely. Similarly, the issuance of a visa does not resolve a custody dispute. Having passed border control does not, by itself, prove that the trip, or a later retention of the child, was lawful under family law. [2, 5]

Can the mother or father who has custody take the child abroad?

What is the basic rule where custody is held by one parent alone?

Custody is a set of rights and duties that covers the child's care, education and representation and must be exercised for the benefit of the child. Where custody is left to a single parent, traveling with the child is, as a rule, within the scope of that authority. The rule is the same for the mother and the father; the mere objection of the parent who does not hold custody does not by itself create a travel ban. [1, 4]

However, one should not read only the section of the court decision headed “custody.” The delivery of the child, contact with the other parent, the place where the child is to stay on particular days and interim protective provisions are also important. An interim measure in force at the time of travel is not lifted by a notarized consent letter. If the decision needs to be changed or lifted, the relevant judicial process must be pursued.

What distinction does the Court of Cassation's 2015 decision draw?

In its decision of June 17, 2015, E.2015/11374, K.2015/12897, the 2nd Civil Chamber of the Court of Cassation (Yargıtay) stated that a parent who has been granted custody does not need the former spouse's consent to take the child abroad. In addition, it took into account that no document had been submitted showing that an entry visa would not be issued without the father's permission, and concluded that the request that the father's permission not be required should have been rejected rather than granted. [4]

The decision's practical importance is twofold: The authority of the custody holder should be taken as the starting point; in addition, it must be shown which concrete obstacle the decision requested from the court would remove. This decision does not support the conclusion that “a separate lawsuit must be filed before every trip.” Submitting to the file, in writing, any additional document request of a foreign authority allows the legal interest to be assessed. The full published text of the decision was reviewed through a secondary decision publication.

Does the situation change while the marriage continues, or under joint or temporary custody?

How is a decision made during marriage and under joint custody?

Under Article 336 of the Turkish Civil Code (TMK), while the marriage continues, custody is exercised by the mother and father together. Living apart in practice, the child's staying with one parent, or the other parent's not contributing to expenses does not by itself change custody. In a plan to go abroad that affects the child's education, living arrangements and relationship with the other parent, the obligation to decide together should be borne in mind. [1]

If a joint custody decision exists after a divorce, its provisions on travel, place of residence and representation are examined. The fact that the child's daily care is with one parent does not turn joint custody into sole custody. Especially in a permanent relocation, the authority and consent of the other rights holder should be clarified. The statement “the child lives with me” does not take the place of this review.

Is temporary custody sufficient while the divorce case is pending?

Filing a divorce case does not automatically give custody to one of the parties. The temporary arrangement made under Article 169 TMK is decisive. In the passport practice of the Population and Citizenship Affairs authority, while the divorce proceedings are pending, the court's interim decision is taken as the basis; it is stated that no finality annotation is required for this temporary decision. [1, 3]

That said, the use of a temporary custody decision in a passport procedure does not mean that unlimited travel or permission for permanent settlement has been granted. In a pending case, the scope of the existing interim measures, the duration of the trip and the return plan should be assessed together. If necessary, the dates and purpose of the trip are explained and the same court is asked to make the existing arrangement more concrete.

If the mother and father are not married, or one of the parents has died

In a birth outside marriage to which Turkish law applies, custody as a rule belongs to the mother; where the mother is a minor, is under legal restriction or has died, or where custody has been removed, a different arrangement is needed. The father's having recognized the child does not by itself create joint custody. If one of the parents has died, the legal situation of the surviving parent and, if any, of the guardianship authority should likewise be documented. [1]

Where there is foreign citizenship or a habitual residence in a foreign country, these results cannot be generalized directly. The applicable law and any existing foreign decision are examined separately; citizenship, actual care and custody are not the same concepts.

Whose consent is needed when obtaining a passport for a child?

Article 17/C of the Passport Law regulates the consent of the legal representative for persons who are not of age to obtain a passport. In the practice of the Population and Citizenship Affairs authority, where custody is joint, the consent of the mother and father, or of the authorized legal representative, is taken as the basis for the application. For the relevant person who cannot be present at the application, a duly executed notarized consent letter is used. [2, 3]

Where custody is left to a single parent as a result of a divorce, the consent of the custody-holding parent is required for the passport application. It therefore cannot be said that two signatures are necessarily required for every divorced family. A document showing the authority of representation, such as a final decision, a temporary custody decision or a guardian's decision, should be prepared according to the nature of the application.

If a third person is to carry out the application, that person's authority to act is assessed separately. A consent letter shows consent; a power of attorney shows authority to act on behalf of a person. These documents should not be assumed to replace one another. The child's presence at the application and the identity and biometric photo requirements are also checked against the current application list.

Article 17/E of the Passport Law offers a special possibility regarding a custody or guardianship decision of a foreign country's authority: in a passport application made at the Turkish diplomatic mission in the country where the decision was issued, this decision may be accepted. This provision does not mean that a foreign decision will be enforced automatically in all disputes in Türkiye. [2]

Are the same documents requested for the passport, the visa and the border crossing?

The rules of the destination country and the transit country should be checked separately

The authority of custody under Turkish law and a foreign state's conditions of admission are different matters. A consulate or border authority may request a birth certificate, a custody decision, the other parent's permission, a death record, a translation or certification. Which document is sufficient may vary according to the child's citizenship, the accompanying person and the purpose of the trip.

A visa exemption or a passport with a special stamp (hususi damgalı pasaport) does not constitute a general exemption with respect to custody and accompaniment documents. It should be checked on the basis of the application conditions, the travel date and the concrete route.

For example, the Ministry of Foreign Affairs' (Dışişleri Bakanlığı) information on Serbia specifies, for foreign minors, a parental document containing the reason for travel and the details of the accompanying person. This example shows that a single list of documents applicable to all countries cannot be drawn up. The countries to be transited should also be researched. [6]

Travel with an identity card and unaccompanied flights should be reviewed separately

The possibility of entry with an identity card does not mean that documents on the child's custody or accompaniment are unnecessary. A statement about travel with a passport should not be carried over unchanged to all travel with an identity card. The type of document and the route should be verified with both the official authority and the carrier.

An airline's unaccompanied minor service, the person who will receive the child, the age group and the reservation conditions apply separately. A carrier's accepting the child on a flight is not a court decision that the other parent's custody authority has not been violated. In a trip with a school, a sports club or a relative, the identity of the accompanying person and the arrangements for handing over the child should be clearly determined. [7]

How should a travel consent letter be prepared?

The permitted act, the country and the duration should be stated clearly

The scope of the consent letter should be consistent with the concrete trip. Issuance of a passport, a visa application, a particular trip and permanent settlement are separate acts. Unnecessary language on unlimited settlement and representation should not be added to a travel permission that does not change the child's custody.

To the extent the act requires, the following information is clarified:

• The identity details of the child and of the authorized person giving consent, and the basis of custody or representation.
• The identity of the person who will accompany the child, the country or countries to be visited and the purpose of the trip.
• The start and return dates; whether a single trip or more than one trip is contemplated.
• The necessary information on accommodation, contact details and the person to whom the child will be handed over.
• Which of the passport, visa, travel and settlement authorities consent has been given to.
• How the child will return and how the existing personal contact arrangement will be maintained.

This list is not a ready-made notarial text accepted by every country. The document should be drawn up according to the conditions of the authority before which it will be used and the genuine intent of the authorized person. Where separate representation is needed on health or education, it should be borne in mind that this is a different authority from consent to travel.

What do the notary, the consulate, translation and the apostille do?

A transaction may be made in Türkiye before a notary public and, abroad, through the Turkish diplomatic mission within the scope of its authority. Whether translation, an apostille or another certification is required for a document drawn up before, or to be used before, a foreign authority is determined according to the country and the type of document. An apostille does not guarantee that the content of a document will be accepted in all countries, or that the trip is lawful; it serves mainly to verify the official source of the document. [8]

How long is a consent letter valid, and can it be withdrawn?

A single “six months” or “one year” rule applicable to all travel consent letters cannot be established. In addition to the duration and scope stated in the document, it is examined whether the authority that will accept the document looks for a recent one. A time-limited permission does not by itself legitimize a stay after the period has expired.

If withdrawing consent is being considered, it should be determined which act the withdrawn consent relates to and how the notice will reach the relevant person or authority. Making a new declaration before a notary does not by itself invalidate a passport or visa already issued, or a court decision in force. In a dispute that has already arisen, the effect of the withdrawal declaration is assessed separately on the basis of the scope of the consent and the applicable law.

If the other parent does not give consent, can the court be applied to?

First, why the consent is being requested should be determined

The first question is on what legal or administrative ground the other parent's permission is requested. For an act that a person holding sole custody can carry out with the existing decision, filing an abstract permission case may raise a problem of legal interest. By contrast, a dispute that cannot be resolved because of joint custody, or a documented request of a foreign authority, is assessed differently. The Court of Cassation's 2015 decision is important for this distinction. [4]

It should be learned in writing whether a passport or visa application has stalled because of a missing document, a representation dispute or another reason. Submitting the relevant authority's notification, the application list and the existing custody decision makes concrete which decision is needed. An application against an administrative refusal and the resolution of a dispute between parents before the family court are not the same route.

What is requested from the court should be made concrete

In family law disputes concerning the child's travel, the family court is applied to according to the nature of the request; where there is no family court, the civil court of first instance designated for the purpose acts as the family court. If a divorce or custody file is pending, the effect of the arrangements already made in that file is assessed. Territorial jurisdiction is determined according to the protection sought and the nature of the case. For a personal contact arrangement, the provision of Article 326 TMK on the court of the place where the child resides is also taken into account. [1, 9]

The application should explain the purpose of the trip, its dates, the country, the accompanying person, the accommodation and the return plan. If the child's education or treatment needs are asserted, documents showing them should be submitted; if the other parent's contact days will be affected, a workable new contact plan should be submitted. Depending on the dispute, the request may be based on a passport procedure, a particular trip, a rearrangement of personal contact or a change of an existing measure.

The court assesses the child's best interests and the other parent's concrete objections. Claims that the child will not be returned, that education will be disrupted or that safety will be endangered should not be left unanswered. If age and maturity permit, the child's views are also taken into account. In what form a foreign authority will accept a decision of a Turkish court is investigated separately; it cannot be said that a decision will automatically give a right to a visa or entry in every country.

Why is settling abroad with a child different from going on vacation?

For disputes over permanent relocation, our article on a custodial parent's relocating abroad with the child may be consulted.

A change in the center of life requires a more comprehensive review

Permanent settlement affects the child's school, language, health services, social environment and relationship with the other parent. Habitual residence is not merely the population record or citizenship; it concerns the child's actual center of life. A long-term education plan may also lead to a change in this center, depending on its conditions. [5, 10]

Even for sole custody, it cannot be said that “moving abroad is always prohibited.” By contrast, it cannot be concluded from one parent's name being written in the custody decision that there is unlimited authority to move to any country. Who holds the right to determine the place of residence, and any joint authorities and restrictions, are examined. This distinction is also decisive for the concept of the right of custody (koruma hakkı) used in the international return of children.

How will personal contact be maintained?

Article 183 TMK regulates the measures required by new circumstances, and Articles 323–324 regulate the principles on the protection of personal contact. In a relocation plan, school holidays, in-person meetings, the sharing of travel costs, the place of handover and online communication should be made concrete. Online meetings do not, in every case, fully replace in-person contact. [1]

Where the other parent's consent is required, using a permission obtained for a vacation as a permission to settle may create a serious dispute. The actual elimination of the right to contact may be the subject of a request to rearrange personal contact or custody, assessed together with the child's best interests. Relocation alone is not an automatic loss of custody; the concrete effects, the reasons and the workable alternatives are assessed.

Can the child's departure abroad be prevented?

An abstract concern and a concrete abduction risk are not the same

Foreign citizenship, the presence of relatives in another country or a lack of trust between the parents cannot, on their own, be regarded as sufficient for an indefinite ban. By contrast, explicit correspondence that the child will not be returned, secret preparations for relocation, earlier violations of handover arrangements or documents contradicting the purpose of the trip may carry weight in a concrete risk assessment. Evidence must be obtained lawfully; the other person's accounts must not be accessed without permission.

In its decision of March 20, 2013, E.2012/2-799, K.2013/389, the Civil General Assembly of the Court of Cassation assessed a ban that was kept in place on the ground that the mother was a foreign national and might not bring the child back. The General Assembly found that a continuing restriction was not compatible with the freedom of travel and the duty of custody under the concrete circumstances, and quashed the decision insisted upon by the lower court. The decision should not be read as meaning that a protective measure is impossible in every case. [11]

The legal basis, duration and scope of the measure should be shown

Legality, necessity and proportionality should be examined within the framework of Articles 13 and 23 of the Constitution. Instead of merely saying “prohibit departure abroad” in the request, the concrete harm to be prevented and why a lighter measure would not be sufficient should be explained. The protective powers under Articles 169 and 346 TMK and the provisions of the Code of Civil Procedure (HMK) on interim legal protection are assessed according to the concrete dispute. [1, 12]

In return or personal contact proceedings under Law No. 5717, Article 24 specifically regulates measures for the temporary suspension of exit, the suspension of the issuance or renewal of a passport, and the monitoring of the child's whereabouts. This special provision cannot be applied to all family disputes without examining its scope. [13]

If a measure has been ordered, its notification to the competent authority and its implementation should also be followed up. Merely filing a petition does not mean that a ban has arisen in the border system. When circumstances change, the lifting or narrowing of the measure, or its reassessment for a particular trip, may be requested.

If the child is not returned from a permitted trip, does international child abduction occur?

The 1980 Hague Convention covers not only removal without permission from the outset but also, if the conditions are met, wrongful retention. In the review, what matters is that a right of custody exists under the law of the habitual residence immediately before the removal or retention, and that this right was being exercised. The Convention applies to children under 16; its entry into force and acceptance as between the states concerned are also checked separately. [5]

Hypothetical example: One of a mother and father who hold joint decision-making authority has given a clearly dated permission for the child's two-week vacation. If the accompanying parent does not bring the child back on return and enrolls the child in a school in another country, the unlawfulness of the later retention may be examined even though the initial departure was permitted. Permission for a vacation and consent to permanent settlement are not the same. The text of the permission, the correspondence and the agreed return date are therefore important.

Not every late return automatically leads to a return order; the scope of the rights, consent, subsequent acceptance and the exceptions in the Convention are assessed. The one-year period is likewise not a general time limit for bringing an action (hak düşürücü süre) after which an application is wholly barred. That said, delay may heighten the argument that the child has settled into the new environment and the practical difficulties.

In Türkiye, the central authority function is carried out by the Ministry of Justice's General Directorate for Foreign Relations and the European Union (Dış İlişkiler ve Avrupa Birliği Genel Müdürlüğü); the local offices of the chief public prosecutor (Cumhuriyet başsavcılıkları) take part in the proceedings. The return process is separate from a case that re-determines the merits of custody. A mere violation of the right to personal contact and a violation of the right of custody should not be attached to the same legal consequences either. [5, 14]

For a return application under the Hague Convention, our article on international child abduction and return of the child may also be consulted.

How do a foreign custody decision and dual citizenship affect the outcome?

A child's being a Turkish citizen does not mean that only Turkish law will apply to all custody and travel matters. Dual citizenship also does not eliminate the right of custody in the other country. It should be examined whom the foreign decision gives which authority, whether it is in force, and whether it contains restrictions on travel or settlement.

The 1996 Hague Convention, where its conditions of application are met, matters for jurisdiction, applicable law and recognition of decisions concerning parental responsibility and protective measures. The general connecting factor for jurisdiction is the child's habitual residence; there are special provisions for situations such as urgent protection and wrongful removal. Recognition under the Convention and the procedures for declaring a decision enforceable are distinguished from each other. [10]

That a foreign divorce has been entered in the population records does not mean that enforcement in Türkiye of every provision on custody has also been resolved. In preparing for travel, the relevant part of the foreign decision should be assessed together with the necessary translations and certifications. The special scope of the diplomatic mission practice under Article 17/E of the Passport Law should also be preserved. [2]

For the application of a foreign court decision in Türkiye, our article on recognition and enforcement of a foreign custody decision may be consulted.

Which documents should be prepared, and how should the process be planned?

Organize the documents according to the problem they prove

Build the sequence of steps backward from the travel date

1. Review the valid custody and interim measure decisions together; determine who holds which authority.
2. Clarify whether the trip is temporary or for settlement; put the dates and the return plan in writing.
3. Check the official document requirements of the destination and transit countries and the airline's conditions of carriage.
4. Complete the necessary consents, translations and certifications; if there is a dispute, document the concrete obstacle and determine the appropriate application route.
5. Check the implementation and notification status of the decision obtained; keep the necessary documents accessible during the trip.

What should be considered regarding time, costs and appeal routes?

There is no fixed period, valid for everyone, within which a decision on travel can be obtained from the court. Service of documents, a foreign element, expert review and hearing the other side affect the timing. Having bought a plane ticket does not guarantee that the application will be granted or concluded by a particular date. Court fees, advances on costs, translation, certification and attorney fees vary according to the nature of the request.

Short time limits matter for interim injunctions issued under the HMK: Article 393 provides one week from pronouncement or service for a request for enforcement; Article 394 provides, for an objection to a measure issued without hearing the other party, one week from enforcement or from service of the enforcement record, depending on the condition. In a pre-litigation measure, the two-week period in Article 397 for filing the main action runs from the date enforcement was requested. Missing the time limit may affect the continuation of the measure. [12]

These time limits do not automatically apply to every temporary custody decision or interim decision of a family court. First the legal nature of the decision must be determined. For decisions open to appeal to the regional court of appeal, the general two-week period and its starting point are examined under Article 345 HMK; special provisions and the type of decision are assessed separately. Resorting to a legal remedy does not by itself stay the enforcement of a measure. Family law provisions that require finality and the enforcement of temporary measures are likewise distinguished from each other. [12]

Conclusion

The right approach to taking a child abroad is not to look for a single consent letter rule but to assess custody authority, the purpose of the trip, existing decisions and country conditions together. Sole custody, joint custody, a passport procedure and permanent relocation cannot be tied to the same outcome. Besides the legal footing of the trip, the child's return and the maintenance of the relationship with the other parent should also be planned.

If there is a dispute, the basis of the permission request and the concrete risks should first be documented; the application should clearly show the obstacle it seeks to remove. Preparation that protects the child's safety and development reduces both unnecessary litigation and the cross-border disputes that may become more serious after the trip.

For the general scope and modification of custody, our guide on the right of custody may also be consulted. This article is prepared for general information purposes; it does not replace an assessment of existing decisions and travel documents in the specific circumstances of the case.

Frequently Asked Questions

Can a child whose custody is with the mother go abroad without the father's permission?

Under Turkish law, a mother who holds sole custody can, as a rule, travel with the child. However, any existing measure, the personal contact arrangement and the document requirements of the foreign country are examined separately. The same rule applies to a father who holds custody. Related explanation

Must divorced parents apply together for the child's passport?

If custody is with one parent, that parent's consent is the basis for the passport procedure. Under joint or temporary custody, the procedure follows the scope of the relevant decision; it cannot be said that a two-signature requirement applies to all divorced families. Related explanation

Is passport consent regarded as permission to settle abroad?

It is not so regarded automatically. The act, country and duration to which the consent relates are examined. Accepting the issuance of a passport and accepting a change in the child's center of life are different things. Related explanation

Is a consent letter unnecessary if the child has a green passport (yeşil pasaport)?

No. The type of passport does not eliminate a custody dispute or a foreign authority's request for additional documents. A visa exemption likewise does not mean exemption from the other entry and accompaniment conditions. Related explanation

Can one travel with an identity card without a consent letter?

A check is needed according to the route and the representation situation. From the possibility of traveling with an identity card, it cannot be concluded that no additional document will be required for children; the conditions of the destination and transit countries and of the carrier should be researched. Related explanation

If the former spouse does not give permission, must a travel permission case necessarily be filed?

No. First it is determined whether the other parent's permission is actually needed and which authority requests it, and on what ground. If the existing custody decision is sufficient, a discussion of legal interest may arise for an abstract permission request. Related explanation

Does a court decision compel a foreign consulate to issue a visa?

It does not compel it automatically. The decision may resolve a dispute over representation or consent; visa and entry conditions are assessed separately under the rules of the state concerned. Related explanation

Does a notarized consent letter lift an existing exit ban?

No. The competent authority must be applied to for lifting or changing a measure in force. The notification of the decision to the relevant authorities and its implementation status should also be checked. Related explanation

Does moving abroad with a child lead to loss of custody?

Relocation alone does not result in an automatic loss of custody. The child's best interests, the authority to settle, existing decisions and how the relationship with the other parent is maintained are assessed together. Related explanation

What can be done if a child taken on vacation is not brought back?

By examining the scope of consent, the return date and the right of custody, an appropriate national or international application can be made. If the 1980 Hague Convention is applicable, a return process may come into play on the basis of an allegation of wrongful retention; collecting the documents without delay is important. Related explanation

Sources and legal bases

1. Law No. 4721, the Turkish Civil Code, in particular Articles 169, 182–183, 323–326, 335–339 and 346. Published texts of the relevant provisions: Article 182, Article 183, Article 324, Article 336.
2. Law No. 5682, the Passport Law, Articles 17/C and 17/E. Text of the article.
3. General Directorate of Population and Citizenship Affairs, Second-Generation Passport Implementation Instruction, consent provisions for persons who are not of age; Passport Procedures.
4. Court of Cassation 2nd Civil Chamber, June 17, 2015, E.2015/11374, K.2015/12897. Published full text of the decision, secondary publication.
5. HCCH, Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction, in particular Articles 3–5, 12–13, 19, 21 and 38. Official text.
6. Ministry of Foreign Affairs of the Republic of Türkiye, travel information on Serbia. Official page.
7. Turkish Airlines, Travel Rules for Infant and Child Passengers. Carrier information.
8. HCCH, Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Official text.
9. Law No. 4787 on the Establishment, Duties and Rules of Procedure of Family Courts, Articles 2 and 4. Article 2 and Article 4.
10. HCCH, Convention of October 19, 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, in particular Articles 5, 7, 11, 16–17, 23 and 26. Official text.
11. Civil General Assembly of the Court of Cassation, March 20, 2013, E.2012/2-799, K.2013/389. Published full text of the decision, secondary publication.
12. Constitution of the Republic of Türkiye, Articles 13, 23 and 41; Law No. 6100, the Code of Civil Procedure, Articles 345, 350 and 389–397. For the assessment of the constitutional provisions, decision no. 11; HMK Article 345, Article 350, Article 393, Article 394 and Article 397.
13. Law No. 5717 on the Legal Aspects and Scope of International Child Abduction, in particular Articles 2 and 24. Consolidated text.
14. Ministry of Justice of the Republic of Türkiye, General Directorate for Foreign Relations and the European Union, Child Abduction and Custody. Official explanation.