Traveling for the Holidays? Three Legal Documents Every Parent Should Pack

Holiday travel with children is stressful, and we frequently receive panicked calls from parents who’ve been stopped and questioned because they don’t have the right paperwork—especially travel consent letters, which have become increasingly necessary in many situations.

Whether you’re driving to grandma’s house three states away or flying to a tropical resort, certain legal documents deserve a spot in your carry-on right next to the snacks and tablet chargers. (And if you are heading to a sunny beach, feel free to pack me too—I could use some beach time.)

Here’s what Northern Virginia parents need to know about traveling safely and legally with children during the holidays.

For Divorced or Separated Parents: Your Custody Order Is Your Passport

If you’re co-parenting, your custody order or separation agreement isn’t just a piece of paper that governs your regular schedule—it’s critical proof that you have legal authority to travel with your child.

Always carry a certified copy of your most recent custody order when traveling, especially if you’re crossing state lines or international borders. Schools, airlines, and even well-meaning authorities may question whether you have permission to take your child out of the area. Having the order on hand can quickly resolve concerns.

Pay special attention to travel restrictions in your order. Some agreements require advance notice to the other parent, specify geographic limitations, or require written consent for out-of-state or international travel. Violating these provisions—even unknowingly—can result in serious consequences, including contempt of court charges.

Pro tip: If you’re traveling during the other parent’s custody time, get written consent well in advance. A simple email stating, “I consent to [child] traveling to [location] with [parent] from [dates],” can save enormous headaches. Print it and pack it.

The Medical Authorization: Non-Negotiable

Picture this: Your child falls ill at your parents’ house in Florida, or breaks an arm skiing in Colorado with their favorite aunt. They rush to the emergency room—but they’re not with you.

A medical authorization letter solves this problem. This document authorizes another adult—a grandparent, partner, friend, or relative—to make medical decisions for your child in your absence.

What it should include:

  • Child’s full legal name and date of birth

  • Your name, address, and contact information

  • The authorized person’s full name and contact information

  • Specific time period the authorization covers

  • Permission to consent to medical, surgical, and emergency treatment

  • Insurance information

  • Known allergies and medications

  • Your notarized signature or a signed copy accompanied by your driver’s license

Many pediatricians’ offices have templates, or your attorney can draft one. Whenever possible, have it notarized—some medical facilities will not accept it otherwise. Leave a copy with the supervising adult and keep one with you.

Traveling Internationally: The Consent Letter

International holiday travel is increasingly popular, but leaving the country with your child requires additional documentation. U.S. Customs and Border Protection does not legally require a consent letter when one parent travels internationally with a child, but many foreign countries do—and airlines often request one as well.

If you’re traveling internationally without the other parent, carry a notarized letter of consent that includes:

  • Both parents’ full names and contact information

  • Child’s full name, date of birth, and passport number

  • Travel dates and destinations

  • Statement of consent from the non-traveling parent

  • Copy of the non-traveling parent’s ID

  • Notarized signature of the non-traveling parent

Single parents or sole custodians should carry documentation proving sole custody—a court order, death certificate, or other official proof that eliminates questions about consent.

Real talk: I was once traveling with a close friend and their children and we were questioned at the Canadian border because they didn’t have a travel letter. Luckily, they had a copy of their custody order and a co-parent who was easy to reach.

I recommend creating a physical travel folder that lives in your filing cabinet and gets pulled out for every trip. Include copies (not originals unless necessary) of all relevant documents. Update it annually or whenever custody arrangements change.

For digital backup, scan everything and save it to your phone or secure cloud storage. You can’t always predict when you’ll need to prove something quickly, or whether you’ll have reliable internet access.

This holiday season, as you pack gifts and coordinate travel plans, add legal documents to your checklist. It’s one gift to yourself that costs nothing but provides priceless peace of mind.

SEE ALSO: The Gift of Conversation: Talking Estate Planning Over Thanksgiving

Katelin Moomau, Esq.

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Katelin Moomau is a founding Partner at Family First Law Group, PLLC. She graduated from McDaniel College Magna Cum Laude in 2004, and Catholic University Columbus School of Law in 2008. Katelin primarily practices family law, representing a wide range of clients with various family law issues, and is a family law mediator. She chairs the Lawyer Referral Service Committee of the Alexandria Bar Association. She is also a member of the Fairfax Bar Association and Virginia Women Attorney’s Association, Diversity Conference and Equality Virginia. In 2020, she was named one of Alexandria’s 40 Under 40 by the Alexandria Chamber of Commerce. She was also voted a Super Lawyer Rising Star by her peers and is a Northern Virginia Top Attorney for 2021.

Katelin has been involved with the Campagna Center since 2009, serving as EDC Chair, Secretary, Chair Bowties and Belles, Vice, Chair and Chair Ex-Officio. She has mentored fellows for the Mount Vernon Leadership Program, and she conciliates cases to help parties find resolution in the Fairfax Juvenile Court for the Fairfax Law Foundation. She also volunteers at Mount Vernon.

@ktmoomau

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