Traveling with Minors

INTRODUCTION

Protection of minors is a priority of the Ministry of Justice in particular, and of the country of Curaçao in general. The legal framework here is formed by the international treaties on the protection of the rights of the child, in conjunction with local laws and regulations. 

“Minors are those who have not reached the age of eighteen years and who are not married or have been married or have been declared of age, by virtue of article 1: 253ha”¹.

It follows from Article 234² that a minor may not travel without the consent of his legal representatives (authorized parent(s) or guardian(s)). Minors usually travel with (one of) their parents, alone, with friends, with the school or institution where they do their studies or sports. It is important that, for the child’s safety, it can be proven to the Immigration Officer, that he/she will validly travel elsewhere, with the permission of the responsible parent(s) or guardian(s).

The Minister of Justice attaches great importance to ensuring that when checks are made at Immigration, whether at the airport or seaport, things go smoothly. In that context, it is important that the child or parent, persons/institutions with whom the minor travels are aware of the documents that are required to prove that the child, and the person traveling with him/her, have permission from the authorized parent(s) or guardian to travel with the child. In response to the foregoing, it is hereby established which documents must be presented to the Border Control when traveling, so that the child may travel lawfully.

The documents to be presented are:

1. Identity documents and travel documents of the minor;
2. Identity documents of the competent parent(s) with authority to give permission or the guardian;
3. A legally valid written and signed consent containing information about the trip, accompanying adults and the travel period;
4. The identity documents of the accompanying adult;
5. Documents proving who the legal representative of the traveling minor is.

The following persons may act as legal representatives and give consent:

1. The mother; in case the minor has not been recognized;
2. One of the parents; this is the case when one of the parents has sole custody. The minor has been recognized by the father, but only the mother has custody or when, as a result of a court ruling, only one parent has custody. This could also be the father;
3. Both parents; in other words, when there is joint custody. This is the case when the parents are married, when a court decision determines that both parents have custody of the minor, or when the parents have declared to the Court that they wish to have joint custody.
4. Guardian(s); Guardians are appointed by the Court.

¹Article 233 of Book 1 of the Curaçao Civil Code
²Article 234 of Book 1 of the Curaçao Civil Code