Home Practice Areas About Us FAQ Contact Book your legal consultation
Home/Civil Law/Travel Consent for Minors
Family Law

Minor Travel Consent in Chile

A child cannot leave Chile with only one parent unless the required authorization is on paper. Here is how it works.

Who must authorize a child's trip

Chilean border police (the PDI) check the paperwork when a minor leaves the country. Under article 49 of Ley 16.618, a child leaving Chile needs the authorization of the people with the right to give it, unless they travel with the child. If no one has been granted custody, both parents must authorize. If a court gave custody to one parent, that parent's authorization is the one required. If a visitation regime exists, the parent who benefits from it must also consent.

The consent must be a public deed or a private deed authorized by a notary. This applies to Chilean children and to foreign children who live in Chile, and families traveling for school holidays or a relocation are caught by it regularly. A missing or defective permit usually means the child is stopped at the airport, which is why the paper should be reviewed days before the trip, not hours.

When the other parent will not sign

If the authorization cannot be obtained, for example because the other parent is missing or refuses without a plausible reason, a Family Court judge in the child's place of residence can authorize the trip. The judge looks at the child's benefit, not at the dispute between the parents, and sets the exact period of the trip.

If a child does not come back without a justified reason, the judge may order consequences such as suspending support payments, and the court can consider the incident in later custody decisions. The process is quicker when the request is well documented, so a clear itinerary and return ticket help.

Special cases worth knowing

Where a parent unjustifiably fails to comply with a visitation regime, the law lets a judge authorize the other parent to travel with the child for limited periods. Where a parent owes support and the court has already applied enforcement measures, the court can also authorize travel without that parent's consent. Both rules are in the same family of statutes, Ley 16.618 and Ley 14.908.

Foreign parents often assume that a letter from their own country is enough. Chilean authorities are used to notarized documents in Spanish form, so we recommend a bilingual authorization and the right legalization if it is signed outside Chile. Rules can change, so confirm with us before you book non-refundable tickets.

What we handle

Drafting the permit

A notarized authorization with the child's details, the destination, the dates and the person traveling with the child.

Authorization signed abroad

Guiding a parent who lives outside Chile on signing before a Chilean consul or with an apostille, so the permit is accepted at the border.

Court permits

Filing in Family Court when the other parent refuses without a plausible reason or cannot be found.

Long absences and relocation

Authorizations for study abroad or longer stays, and the wider issues that come with moving a child.

Defending a refusal

Advising a parent who has good reasons to refuse, and how to present them to the court.

Getting a permit when a parent lives overseas

01

Check who must sign

We review the custody situation and tell you whose signature is required and in what form.

02

Sign where you are

Sign before a Chilean consulate or with an apostille. We send a bilingual draft that fits PDI practice.

03

Court if needed

If consent is refused, we prepare the Family Court request, with the itinerary and evidence the judge expects.

Travel Consent for Minors — common questions

What English-speaking clients ask us most about this specific service.

Does a child need written consent to leave Chile with one parent?
Yes, generally, if the other parent who must authorize is not traveling. The permit must be a notarized deed, and the border police check it. Rules depend on who has custody.
Can the consent be signed outside Chile?
Yes. It can be signed before a Chilean consulate, or in the country of residence with the proper legalization. We advise on the correct format so it is accepted in Chile.
The other parent refuses to sign. What now?
If the refusal has no plausible reason, you can ask a Family Court to authorize the trip. The judge decides on the child's benefit and sets the period of the trip.
Does a foreign child living in Chile need the permit too?
Yes, the rule applies to children who live in Chile whatever their nationality. Check the requirements at the airport and with your airline before travel.
How long is the permit valid?
It depends on how it is written. We recommend naming the destination and the dates, and keeping the validity limited. Border police apply what the document says, so precision matters.

Talk to a Chilean lawyer about a child travel permit

Get an initial assessment in English, confidential and with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00