Travel Consent Requirements for Divorced Parents Travelling Abroad with Minor Children
(Philippine law as of 20 June 2025)
1. Key Take-Away in One Paragraph
Because the Philippines treats parental consent for a child’s overseas travel as an aspect of parental authority and child protection, a minor (below 18) who leaves the country with only one parent must usually carry (a) proof of the accompanying parent’s right to take the child abroad and (b) the non-accompanying parent’s written, notarised consent—unless (i) a final court order or foreign divorce decree recognised locally vests sole custody in the travelling parent, or (ii) the child holds a DSWD Travel Clearance issued in lieu of that consent. Immigration officers will bar departure if any of these documents are missing or defective.
2. Foundations in Philippine Law
| Source | What it Says | Relevance to Travel |
|---|---|---|
| Art. 209–233, Family Code | Defines “parental authority,” joint exercise by parents, effect of separation/annulment, substitution by court order. | Consent power flows from parental authority. |
| Art. 26 ¶2, Family Code | A divorce validly obtained abroad by a foreign spouse can be recognised in the Philippines, dissolving the marriage and allowing remarriage; recognition is via petition before a Philippine court. | Determines whether parents are still “spouses” or already “legally divorced” under Philippine eyes. |
| P.D. 1083 (Code of Muslim Personal Laws) | Recognises talaq, khulʿ and other Islamic forms of divorce for Muslims. | Muslim minors’ travel follows same DSWD/BI rules but custody may rest in the mother by default until age 7. |
| A.M. No. 03-04-04-SC (Rule on Custody of Minors) | Lays down summary procedure for custody cases; best-interest standard. | A final custody order overrides ordinary consent rules. |
| Republic Act 9208 & R.A. 10364 (Expanded Anti-Trafficking Act) | Authorises immigration officers to demand proof of legitimacy of travel for minors. | Legal basis for Bureau of Immigration (BI) “secondary inspection.” |
| DSWD Memorandum Circular MC -0009-2023 (latest omnibus guidelines, superseding MC 18-2017) | Specifies when a DSWD Travel Clearance (TCM) is required, documentary requirements, and validity periods. | Core administrative “rulebook” for travel clearance. |
| BI Operations Order SBM-2014-059 & BI Advisory 2017-002 | Lists documentary requirements for minors, including the Affidavit of Support and Consent (ASC), custody orders, or TCM. | Operational guide for airport officers. |
(Copies of the most recent BI/DSWD issuances are posted on their websites and periodically updated via public memorandum; keep a current print-out.)
3. The Status of “Divorce” in the Philippines
No general civil divorce exists for most Filipino couples.
What qualifies as “divorced” for immigration purposes:
- Foreign divorce recognised by a Philippine court under Art. 26 ¶2; or
- Shari’a court divorce for Muslims.
Annulment/Declaration of Nullity has a similar practical effect on custody/travel.
Legal separation does not sever parental authority; consent from the other parent is still needed unless a custody order says otherwise.
4. When Is a DSWD Travel Clearance Required?
| Scenario | TCM Required? | Why |
|---|---|---|
| Child travels alone or with someone other than a parent | Yes | Sec. 5(a) MC-0009-2023 |
| Child travels with both parents | No | Both are present; joint authority presumed |
| Child travels with only one parent and the parents are still jointly vested with parental authority | No, if a properly notarised ASC from the non-travelling parent is carried; Yes if ASC is absent | BI Ops Order |
| Child travels with sole-custody parent under a final court order or recognised divorce decree | No, provided certified true copy of the order/decree is presented | Custody order substitutes for consent |
| Child is illegitimate and travels with the biological mother | No | Mother alone has parental authority (Art. 176 FC) |
| Child is illegitimate and travels with the biological father | Yes, unless mother’s notarised consent is presented | Father lacks authority absent adoption or legitimation |
Practical tip: Even when a TCM is not strictly required, many parents still secure one to minimise airport delays.
5. The Affidavit of Support and Consent (ASC)
| Element | Details |
|---|---|
| Execution | Signed by the non-travelling parent before a Philippine notary public (or Philippine Embassy/Consulate if abroad). |
| Contents | Child’s full name & birth details; itinerary; travel dates; destination address; statement of consent; copy of non-travelling parent’s valid ID/passport attached. |
| Validity | BI accepts an ASC executed within the last 12 months. Refresh it for each trip if dates change. |
| Multiple children | List all covered minors, or execute separate affidavits. |
| Translations | If executed abroad in a non-English jurisdiction, attach an English translation authenticated by the PH post. |
6. Obtaining a DSWD Travel Clearance
File at any DSWD Field Office or online portal (Pilot e-TCM rolled out 2024).
Core documentary set (per MC-0009-2023):
- Duly accomplished TCM application form (one child = one form).
- PSA-issued birth certificate of minor.
- PSA-issued marriage certificate or proof of filiation.
- Photocopy of passports of both parents (or valid government-issued IDs).
- Recent 2 × 2 photo of minor.
- Notarised ASC if only one parent signs the application.
- Final court decree / foreign divorce decree awarding custody, with Certificate of Finality or annotated PSA records.
Processing time: 3–5 working days (regular) or 24 hours (express lane, added fee).
Validity:
- Single-use: exact itinerary, up to 90 days.
- Multiple-use: unlimited exits within one or two years to the same country group (ASEAN / non-ASEAN).
Fees (2025 schedule): ₱400 (single), ₱600 (1-year multi), ₱1000 (2-year multi).
7. Airport & Seaport Exit Procedure
Primary Inspection (Immigration Counter)
- Present passports, boarding passes, and either ASC or TCM or Custody Order.
Secondary Inspection (Travel Control & Enforcement Unit)
- Triggered by red-flag indicators (e.g., minor travelling with one parent to high-risk trafficking destination).
- Officers verify notarisation, signatures, and consistency of names/dates.
- They may phone the non-travelling parent (keep contact details handy).
Common Pitfalls
- Expired ASC;
- PSA birth certificate with unreadable security paper;
- Copies—not originals—of custody decrees;
- Unrecognised foreign divorce (no PH court recognition yet).
8. Special Situations
| Situation | Documentary Fix |
|---|---|
| Emergency medical evacuation | Letter from attending physician + waiver of ASC by BI duty supervisor; follow-up reporting to DSWD within 48 hours. |
| Parent deceased | PSA death certificate suffices; no consent needed from deceased parent’s relatives. |
| Parent whereabouts unknown | Apply for TCM; attach Police Blotter / Barangay Certification of diligent search + Affidavit of Exemption under Sec. 9 MC-0009-2023. |
| Protective Order against abusive parent | Copy of Protection Order serves as proof that consent is impossible; still secure TCM. |
| Adopted child | Present Decree of Adoption (RA 11642 procedures) + new PSA birth certificate; adoption decree replaces parental consent from biological parents. |
9. Penalties & Liability
| Agency | Violation | Consequence |
|---|---|---|
| BI | Attempted departure without required consent/clearance | Off-loading of child; administrative fine up to ₱50 000 on the accompanying adult. |
| DSWD | Falsified clearance/ASC | Cancellation of TCM, disqualification from future issuance, endorsement to DOJ. |
| DOJ/Interpol | Use of child in trafficking/smuggling | Prosecution under R.A. 10364 (prision mayor to reclusion temporal + ₱2 million-₱5 million fine). |
10. Best-Practice Checklist for Divorced/Separated Parents
- Keep custody documents current. Once a foreign divorce is recognised or a custody order issued, register it with PSA so you can show an annotated birth or marriage certificate.
- Execute a fresh ASC for each trip, even if BI sometimes allows a 12-month window.
- Anticipate secondary inspection—carry copies of school IDs, photos together, contact list of the other parent.
- Enroll in DSWD e-TCM early if you foresee multiple trips; it is faster than scrambling for an ASC every time.
- Coordinate with the other parent well in advance, even if relations are strained; written communication (emails, Viber) helps establish “visibility” of consent.
- Teach older minors (13-17) to answer basic questions: parents’ names, reason for trip, destination address.
- For Muslim families, bring a certified copy of the Shari’a divorce decision (tafsir), preferably with English translation.
- Save digital scans of all documents in cloud storage accessible on mobile devices during travel.
11. Frequently Asked Questions
| Q | A |
|---|---|
| Does a notarised Special Power of Attorney (SPA) from the non-travelling parent count? | Yes, if the SPA expressly authorises international travel of the named child for stated dates, but BI prefers the shorter ASC template. |
| Our custody order says “mother may travel with the child abroad without the father’s consent.” Still need ASC? | No; carry a certified true copy of the order plus Certificate of Finality. |
| Foreign-issued custody order but not yet recognised locally—acceptable? | Usually not. File a petition for recognition in a Philippine court first, or secure an ASC/TCM meanwhile. |
| Child has dual citizenship; does the foreign passport avoid these rules? | No. The moment the child departs a Philippine port, Philippine law applies. Immigration will treat him/her as a Filipino minor. |
| I’m a solo-custody parent but passport still shows ex-spouse’s surname. Need proof? | Yes—bring annotated PSA Marriage Certificate or Order of Correction showing change in civil status/name. |
12. Final Reminders
- Advance preparation (3–4 weeks) is the simplest way to avoid the heartbreak and cost of being off-loaded at the airport.
- Documentation requirements evolve; always download the latest BI advisories and DSWD Memoranda before each trip.
- When in doubt, secure a DSWD Travel Clearance; it is the single most universally accepted document for a Filipino minor travelling without both parents.
This article is for informational purposes and not a substitute for personalised legal advice. For complex custody or trafficking-risk cases, consult a Philippine lawyer or social welfare officer.