Travel Abroad by a Minor: Notarial Certificate and Parental Consent

The requirement for a notarial certificate of parental consent to a minor's travel abroad stems from the fight against child abduction. The Hague Convention of 1980 on the Civil Aspects of International Child Abduction was designed to prevent one parent from removing a child from the country in which the child lives and taking the child to another country without the other parent's consent.

This gives rise to the practical requirement: a minor entering a country party to the Convention with only one parent, with an adult escort, or alone must carry a notarial certificate confirming that both parents have consented to the journey. The certificate is the evidence the immigration authorities of the destination country ask for, to satisfy themselves that the child is not being removed against the wishes of the other parent.

The requirement is also anchored in Israeli law. The Legal Capacity and Guardianship Law, 5722-1962, provides in section 14 that both parents are the natural guardians of their minor children; section 15 includes within guardianship the right to have custody of the minor and to determine the minor's place of residence; and section 18(a) provides that in every matter within the scope of guardianship, both parents must act by agreement.

The three forms below were drawn up by our office. They are bilingual, in Hebrew and English, and ready to print and complete. They are signed before the notary, after which the notarial certificate is issued and attached to them.

• Parental consent form for a minor's travel abroad: the main form, required in each of the three situations.
• Escort's declaration form: required only where the minor travels with an escort who is not a parent. The form accompanies the parental consent form and does not stand on its own.
• Minor's medical information form: required in all three situations.

Please note: the forms must be completed and signed in blue ink, and two signed original copies of each form are required. Photocopies and scans are not accepted.

Timing: an appointment can usually be arranged for the same day or the next, and the certificate is handed over as soon as the meeting ends. It is best not to leave it to the last few days before the flight, particularly if a passport has to be issued or if one of the parents is abroad.

Cost: a notarial certificate for a minor's travel is an authentication of a signature, so the signature authentication fee fixed by the regulations applies: NIS 197 for the first signatory and NIS 77 for each additional signatory on the same document. The second original copy of each form is certified at the same time for the fee for an additional copy, NIS 77. VAT is added to these amounts. For an exact figure, see the notary fee calculator.

Before dealing with the journey itself, the minor must have a passport. The requirements here are set out in the Population and Immigration Authority's procedure for handling applications for a biometric travel document, Procedure 3.2.0010:

• Married parents: the application form is signed by the parent submitting it, and by the minor if the minor is able to sign.
• Parents who are not married, including divorced parents: the consent of both parents is required when the application is submitted.
• One parent only: possible only where there is a judgment granting that parent sole guardianship.
• A parent staying abroad: may give consent through an Israeli diplomatic mission abroad, by post or by email.

The minor must attend the office in person, accompanied by at least one parent and with identity documents. Make sure that the passport is valid for the period the destination country requires, often six months beyond the date of departure from it.

Divorce does not end joint guardianship. Section 24 of the Law allows parents who live apart to agree on how guardianship is to be divided, subject to the court's approval, and section 25 provides that where there is no such agreement, or the agreement has not been carried out, the court decides according to the best interests of the minor.

In practice, a divorced parent is not the "deciding parent" merely by virtue of being the custodial parent. Unless there is a judgment granting sole guardianship, the presumption is that the consent of both is required, and that is also how the offices of the Population Authority apply it.

If the divorce agreement or the judgment regulates travel abroad, it is decisive. Read it before preparing any documents, because sometimes what is actually needed is an application to the court rather than a notarial certificate.