moon
English

Child's travel from Poland to Norway without the other parent's consent – legal consequences

Advokatfirma Nierzwicki & Bluszko AS

23.04.2025 06:44

Share
on Facebook
Child's travel from Poland to Norway without the other parent's consent – legal consequences

What are the consequences of traveling without consent? nb-advokat.no

Taking a child abroad, especially for a longer period, requires the consent of both parents with full parental authority. Any arbitrary actions may result in serious legal consequences. In the article, we present what Polish, Norwegian, and international law (including the Hague Convention) says and how to effectively respond in case of problems.

In brief

  • Taking a child abroad requires the consent of both parents with full parental authority.
  • Lack of consent from the other parent may result in serious legal consequences, including criminal charges and a procedure for the child's return under the Hague Convention.
  • In case of lack of consent, one can apply to the court for substitute consent.
  • Norwegian regulations are similar to Polish ones – moving a child without the other parent's consent is prohibited.
  • Appropriate documents are required: child's passport/ID, the other parent's consent, any court rulings.
  • The parent whose child has been abducted should report the matter to the police, initiate the Hague procedure, and seek legal assistance.

When is the other parent's consent required?

According to Polish law, any taking of a child abroad, even for a short period (e.g., vacation), is considered a significant matter for the child and requires the consent of both parents with full parental authority. The exception is when one of the parents has been legally deprived, suspended, or limited in parental authority by the court.

If the other parent refuses to consent to the child's travel, one can apply to the Polish family court for substitute consent, which will allow the child's legal travel.

What do Norwegian regulations say?

In Norway, similar rules apply. When both parents have joint parental responsibility, a permanent move of a child abroad without the other parent's consent is prohibited. Short trips (e.g., vacation) are usually allowed, but in case of suspicion of child abduction, the Norwegian court may impose protective measures, including a ban on the child leaving the country.

However, if the child has a permanent residence in Poland, Polish regulations take precedence, and Norway, as a country adhering to international regulations, will respect the rights of the parent remaining in Poland.

What documents are required?

To plan a legal trip with a child abroad, the following are necessary:
  • valid identity document for the child (passport or ID card),
  • written consent from the other parent for the trip (preferably in writing, although it is not formally required by law),
  • copies of court rulings, if the parent traveling with the child has exclusive parental authority or has obtained substitute consent.

What are the consequences of traveling without consent?

Taking a child abroad without the other parent's consent can be classified as illegal child abduction, resulting in:
  • initiation of the procedure for the child's return to Poland under the Hague Convention,
  • possibility of criminal charges (crime of child abduction),
  • risk of limitation or deprivation of parental authority for the parent who violated the law,
  • negative emotional consequences for the child.

What can the other parent do in case of abduction?

The parent whose child has been unlawfully taken abroad should immediately take the following steps:
  • report the matter to the police in Poland,
  • initiate the procedure for the child's return under the Hague Convention (through the Ministry of Justice),
  • apply to the family court in Poland for protection (e.g., establishing temporary custody or a ban on the child's travel),
  • seek legal assistance, both in Poland and in Norway.

Each situation involving a child's travel abroad requires an individual approach and professional assistance. If you have questions or need legal support, contact the law firm Advokatfirma Nierzwicki & Bluszko AS. Our specialists will help you resolve the legal issue quickly and effectively.

Contact:
Advokatfirma Nierzwicki & Bluszko AS
Holbergs gate 19, 0166 Oslo
Tel.: +47 940 01 000
E-mail: post@nb-advokat.no
WWW: nb-advokat.no/
~Advokatfirma Nierzwicki & Bluszko AS

Remember, quick reaction increases the chance of a positive resolution of the matter and ensures the child's best interest.

Facebook Messenger YouTube Instagram TikTok