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:
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).
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".
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.
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".
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.
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.
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:
...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:
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.
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.
(If I don't cover your specific situation, please do reach out)
[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.
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 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
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).
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.
⚠️ 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.
The adult/s your child is travelling with should have the following:
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:
If you are travelling with your child but need consent from another person/s with parental responsibility, you should have the following:
In your case, you need to travel with:
Proof of this person's sole parental responsibility or ability to approve travel - this could be: