ASK AN EXPERT: Can I legally travel alone with my children?

The Christmas holidays are just around the corner, and many of us plan to visit family and friends living abroad. To avoid any surprises while doing so, we asked Jiří Melkus of MELKUS KEJLA & PARTNERS about holiday travel with children from a legal standpoint.

Melkus told us that if you are planning to travel with children, keep in mind that some special conditions may apply. Generally, children should travel with their own passport and visa (if subject to visa requirements) or a valid residence permit issued by a Schengen state.

For children who aren't traveling with their parents (or other legal guardians), written consent from the legal guardians is required. This consent should include permission to travel with the child and any necessary medical and emergency contact information. 

A verified signature is also recommended as a general precaution if the child is traveling with only one parent to avoid any accusations of child abduction.

Melkus cites the Ministry of Foreign Affairs, which says: "In general, the consent of the other parent is usually not required for a short-term trip abroad or on vacation. However, it is advisable to get the consent of the other parent to travel, especially for longer stays abroad."

To play it safe, however, Melkus recommends arranging consent for short-term stays abroad as well, especially in the case of unmarried couples or parents who have a different last name than their child.

Melkus says that ideally, the signature should be notarized (especially while traveling outside of the EU). If you don't have time to visit a notary or post office, a non-authorized signature is better than no signature at all.

The consent should be written in the language of the destination country (or a major world language, e.g., English).

In the written travel consent, make sure you identify the child and the accompanying adult (indicate the first and last name, date of birth, and travel document number), the destination, and the dates of the trip. Download a consent form template here.

When traveling with a newborn or small child, Melkus also recommends carrying a photocopy of the minor's birth certificate with you or a court decision on the custody of the child if the parents are separated or divorced.