UK Govt Advice Sparks Parental Concerns - Facts, Advice & Letter Templates

Firstly, please know my voice is NOT joining those spreading panic that you may have your child taken away if you arrive in the USA without the recommended paperwork. 

I am absolutely sure that this is a last resort in cases where there are serious safeguarding concerns and extremely difficult family situations. 

However, I do see this update to the UK Government advice as something of a wake up call for those of us who haven't given much thought to the steps we should take with children travelling to the USA without one or both parents. 

This blog post won't scaremonger - it will simply be:

• A straightforward explanation of the change in Govt. advice
• Simple guidance if it applies to a situation your family will encounter soon, including checklists for what documentation you might need. 
• Free downloadable templates for a variety of consent letters. 

Quick Links: 

• Part One: What Has Changed? 
• Part Two: Breaking Down The Wording Change.
• Part Three: Your Situation & the Paperwork Required.
  • Important Information: Absent or Out of Contact Parents
  • 1. Child travelling with friends or family (no parent or guardian)
  • 2. Child travelling with 1 parent or guardian (needing consent from another)
  • 3. Sole parent travelling with child, needing to prove there is no other person with parental responsibility (who would need to consent)
• Skip Straight to Downloads

Part One: What Has Changed? 

What has changed is the advice from the UK Government on travelling to the USA - the US Government has NOT currently changed any public guidance. 

That said...

This kind of major change in wording doesn't happen without reason, and was likely triggered by information given to the UK by US authorities (unconfirmed). 

The facts - exactly what changed? 

Firstly, the website in question is the UK Government 'Foreign Travel Advice: USA' microsite, on the 'Entry Requirements' page.

The section in question is entitled "Children and young people".

What it used to say...

The old copy is shown in the screen grab below: 

The link took you to a Customs & Border Protection (CBP) website, article number 449 - this page no longer exists. 

What it says now... 

Prepare yourself for quite a change - not only is it 4 times longer, it has some pretty scary wording within it.

Don't panic - just read it, then move on to the next section... 

The "USA Government website" it links to is this one - a page on the subject of "International travel documents for children". 

Part Two - Breaking Down The Wording Change.

Okay, deep breath...

Let's take it section by section:

1. The first paragraph starts by confirming what we already know - all children require a valid visa or ESTA on arrival. No issue there. 

2. It then states that the child "must be able to provide evidence about the purpose of their visit, duration and place of stay if questioned by immigration officials." 

Whilst I have no guarantees,. I'm certain common sense will be applied here!

A small child might be aware they're going to Florida, for example, but may give their place of stay as 'Disney World' maybe, or simply have no idea. I'm sure only age-appropriate questions will be asked - I'm not worried about this. 

3. The second paragraph is the major change here, and leads to the chilling third paragraph.

It states that a child under the age of 18 travelling unaccompanied or "with only one parent or someone who is not a parent or legal guardian, they will be asked on arrival to provide written consent...from both parents, or the parent who is not accompanying the child."

It then links to the webpage mentioned above & the US Embassy website. 

This has actually been the general advice for international travel for years, prompted by the rise in people trafficking and child abduction. The checks are there to safeguard children. 

It has also been the generalised advice for travelling to the USA for some time, though not listed quite this specifically in the UK Govt. advice page before now. 

For many of us, this isn't a problem.

In my personal situation, for example, it's quite a reasonable proposition that I might take one or both of our children on a US trip without their Dad, who may be joining us later for example.

In our scenario it wouldn't be a problem for me to get him to sign a letter confirming I had his 'consent' to travel with our children.

Easy. 

However...

We're lucky - it can certainly get a little more complicated.

If, for example, your child is travelling with a family friend & their family, without either parent or guardian - in which case you need the consent of everyone who has parental responsibility.

Most problematically, and often heartbreakingly, it can be an issue in cases of: 

• Divorced parents - particularly where there is loss of contact, issues with abuse, or disputes over parental responsibility
• Single parent families
• Families that have experienced death of a parent
• Adoptive or foster families 

...things can be anywhere from a little to a lot more complicated - and this is where many parents are now feeling concerned about upcoming trips. 

Here are some direct quotes from messages I've already received: 

• "My sons' Mother passed away last year, we're off to Disney World as a treat after a horrific year - what paperwork will I need?" 
• "My daughter's father left us 5 years ago and has had no contact since, but is on her birth certificate so technically has 'parental responsibility' - how do I prove this at the border?"
• "My children's Dad is in prison. Does he still need to provide consent?"
• "What do I do if me and my child's Father aren't really on speaking terms? Can I just explain that he's not in my child's life?" 

Some have left me in tears.

This is one of the reasons I'm writing this post, sharing advice & templates.

I feel compelled to try to help, and the templates I've found online aren't ideal and certainly aren't comprehensive for anything other than standard situations. 

Part Three: Your Situation & the Paperwork Required.

I'm covering the main scenarios I've been asked about. The list features links to jump you down to the relevant content for you. 

1. Child travelling with friends or family (no parent or guardian)
2. Child travelling with 1 parent or guardian (needing consent from another)
3. Sole parent travelling with child, needing to prove there is no other person with parental responsibility (who would need to consent)
4. Child travelling with a club or organisation (coming soon)
5. Child travelling alone (coming soon)
   

(If I don't cover your specific situation, please do reach out)

IMPORTANT INFORMATION: Absent / Out of Contact Parents

[If this is not relevant, you can skip this section]

In most cases, everyone who has parental responsibility for a child must consent to them travelling out of the UK.

Who has parental responsibility in the UK?

• A child's mother automatically has parental responsibility
• "A father usually has parental responsibility if he’s either:
  • married to the child’s mother
  • listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)" (taken from the UK Government page on parental rights and responsibilities) 

The exact details on a father's parental responsibility vary based on which UK country you are in - you can find more details here. 

You also have parental responsibility if:

• You are an adoptive parent of a child
• You are a step parent of a child AND their parent has gone through all the necessary steps to award you parental responsibility 
• You are in a same-sex partnership IF you were civil partners at the time of the treatment, e.g. donor insemination or fertility treatment

• You are a person who is:

  • a same-sex partner of someone who is parent to a child but you were not civil partners at the time of the treatment

  • BUT you have applied for parental responsibility AND a parental agreement has been made

  • OR you have become a civil partner of the parent and either made a parental responsibility agreement or jointly registered the birth

Potential issues with parental responsibility / consent letters

If a child has a guardian with parental responsibility who is out of contact, convicted of a crime, accused of domestic violence or not contributing financially, they retain their parental responsibility unless it is stripped by a court - which only happens in the most extreme circumstances .

For example, they are convicted of a crime that demonstrates they are a risk to the other parent and/or the child. 

This can make it extremely tricky where the parent/guardian wishing to travel with the child (or consent for the child to travel alone or with others) cannot, will not or dare not contact the other parent/guardian to request that they consent to the trip, or where they know they will refuse out of sheer malice. 

HOWEVER, you "can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you can't." (Taken from the UK Government page on 'Getting Permission to Take a Child Abroad')

In this instance, you would need to provide details of the trip to the court, e.g. the date of departure, when and how you're returning, and contact details of people with parental responsibility staying in the UK. 

The UK Government page mentioned above recommends you get legal advice about obtaining permission to take a child abroad by finding a solicitor (they provide this link). 

Republic of Ireland

I haven't yet been able to confirm the same level of detail about this situation in the ROI as I have the UK.

I will add it once I'm able to obtain it, by updating this section. 

 **Disclaimer**

It is important to state that I am not a lawyer, solicitor or any type of legal professional, and my guidance does not represent legal advice.

It is based upon extensive research only and I link to the best sites providing official guidance.

In complicated scenarios, involving absent parents & disputed parental responsibility, etc, it is strongly advised that you consult with a lawyer/solicitor.

Your Situation: Document Checklists:

⚠️ Additionally, all items should be photocopies or printed material - not screenshots or documents which need to be shown on a phone - as phones are technically not permitted to be used in the immigration hall. 

1. Child Travelling with Friends or Family (no parent / guardian)

The adult/s your child is travelling with should have the following: 

1. A letter signed by everyone with parental responsibility for the child, consenting to travel and providing information about the trip, as well as information about the adult/s the child will be travelling with.
   
   Ideally this letter also provides the child's travel insurance information and important medical history, as well as a declaration that one or more adults the child is travelling with has the power to make medical decisions in an emergency should the parents be unreachable - this makes things much easier & safer in the unlikely event of an emergency. 
   
   This letter should have witnessed signatures, to help prove it is genuine, but does not need to be notarised - though the US Authorities do like notarised letters and this may encourage CBP Officers to approve entry more quickly, so that is your decision. 
   
   >> You can download letter templates here (there are versions for both 1 and 2 parent families), or search Google for similar templates <<
   
   
2. A copy of the child's birth certificate (and/or whatever document proves who has parental responsibility for the child, to match up with those who sign the letter)
   
   
3. Copies of the passports of all those with parental responsibility - this is a nice 'extra' to have, to further validate the consent provided.

NB: If the consent letter is only signed by one person, this will likely trigger questions by the CBP Officer. As such, the adult/s accompanying the child should also have:

4. Proof of this person's sole parental responsibility or ability to approve travel - this could be:

• The child's birth certificate showing only the mother
• A death certificate for a parent who has passed away
• A legal document revoking parental responsibility for the other parent
• Copy of an arrangement order instructing sole residency - as under UK rules a parent with sole residency confirmed in an arrangement order can take (or consent to) the child leaving the country for up to 28 days.
  
  (This is backed up by the US Government web page linked to from the updated UK Govt. advice, titled International travel documents for children, which states "If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter.")

2. Child travelling with 1 parent or guardian (needing consent from another)

If you are travelling with your child but need consent from another person/s with parental responsibility, you should have the following: 

1. A letter signed by each non-travelling person with parental responsibility for the child, consenting to travel and confirming information about the trip, as well as information about the parent that the child will be travelling with.
   
   Ideally this letter also provides the child's travel insurance information and important medical history, as well as a declaration that the parent the child is travelling with has the power to make medical decisions in an emergency should the other parent/s be unreachable - having this handy can make things much easier in the unlikely event of an emergency. 
   
   This letter should ideally have witnessed signatures, to help prove it is genuine, but does not need to be notarised - though the US Authorities do like notarised letters and this may encourage CBP Officers to approve entry more quickly, so that is your decision. 
   
   >> You can download letter templates here, or search Google for similar templates <<
   (NB: this template has space to be signed by one non-travelling person. Please reach out if you would like a version with placeholders for additional non-travelling parents)
   
   
2. A copy of the child's birth certificate (and/or whatever document proves who has parental responsibility for the child, to match up with those who sign the letter plus the person who is travelling with the child)
   
   
3. Copies of the passports of all those non-travelling persons with parental responsibility - this is a nice 'extra' to have, to further validate the consent provided, but is not essential. 

3. Sole parent travelling with child, needing to prove there is no other person with parental responsibility (who would need to consent)

In your case, you need to travel with:

1. A letter signed by yourself stating that you are the sole person with parental responsibility for your child & providing information about the trip.
   
   Ideally this letter also provides the child's travel insurance information and important medical history - having this handy can make things much easier in the unlikely event of an emergency. 
   
   This letter should have witnessed signatures, to help prove it is genuine, but does not need to be notarised - though the US Authorities do like notarised letters and this may encourage CBP Officers to approve entry more quickly, so that is your decision. 
   
   >> You can download letter templates here, or search Google for similar templates <<
   
   

2. Proof of this person's sole parental responsibility or ability to approve travel - this could be:

   • The child's birth certificate showing only the mother
   • A death certificate for a parent who has passed away
   • A legal document revoking parental responsibility for the other parent
   • Copy of an arrangement order instructing sole residency - as under UK rules a parent with sole residency confirmed in an arrangement order can take (or consent to) the child leaving the country for up to 28 days.
     
     (This is backed up by the US Government web page linked to from the updated UK Govt. advice, titled International travel documents for children, which states "If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter.")

    

Coming Soon - Child Travelling with a Club or Organisation, and Child Travelling Unaccompanied...