Whose consent does immigration need for a child of separated parents

Key rules

• Proof required: If only one parent moves the child, you must show the other parent's written consent, a court order, or proof of sole custody.
• Foreign documents: Foreign documents need an apostille or consular legalisation, then a sworn translation into Spanish.
• Who decides: The consulate or Extranjería office reviewing the file decides if your evidence is enough.
• Missing parent: If the other parent refuses or cannot be found, a court order is the safest proof; a declaration alone is often not enough.

What immigration asks for

If only one parent moves the child, you must show the other parent's written consent, a court order, or proof of sole custody. This applies to a child's visa, to family reunification of minors, and to a child travelling or relocating with one parent. It covers children of non-EU residents and of Spanish or EU citizens.

You do not need the other parent's consent if you hold sole custody. You do need to prove that, and the proof must be in a form Spanish offices accept.

The Extranjería office (for residence) or the Spanish consulate (for visas) decides whether your evidence is enough. If the parents disagree, a court decides. Exact documents vary by office, so ask yours before you gather everything.

Which proof fits you

Pick the route that matches your situation:

• The other parent agrees. Get a written consent. See the next section.
• You have sole custody. Use a final court judgment or custody order giving you sole parental authority. The office may ask for proof that the order is final.
• The other parent has died, or only one parent is on the birth certificate. The death certificate or the single-parent birth certificate can serve as proof.

How the consent must look

The consent should be a written authorisation signed by the other parent before a notary or the Spanish consulate, or an equivalent public document. It must name the child, the purpose and the destination. Some consulates set their own wording, so check before the other parent signs.

A document signed or issued abroad needs two more steps:

1. An apostille if the country belongs to the Hague Convention, or consular legalisation if it does not.
2. A sworn translation into Spanish, done by a traductor jurado.

Do the apostille or legalisation first, then the translation. A consent without them may be rejected.

If the other parent refuses or cannot be found

The usual answer is a court order granting you sole custody or authorising the move. Other evidence can help, such as proof of abandonment, a judgment removing parental authority, or a sworn declaration with documents showing your efforts to find the parent. A declaration alone is often not enough. Practice varies by office, so ask your consulate or Extranjería office what they will accept before you start a court case or rely on a declaration.

Next steps

Use the process, document list and checklist below to work through each child. A consent request wording you can adapt is also below.

Getting the other parent's consent for your child's move

Getting the other parent's consent

• Have the child's birth certificate showing both parents, and any custody or divorce judgment, in hand: before you start

• Work out, for each child, whether consent is needed. It is needed if both parents share parental authority and only one moves the child, whether married, separated, divorced or unmarried but both legally recognised. It is not needed if you have sole custody or the other parent has died or lost parental authority: before you start

• Ask the other parent for written consent naming the child, the purpose and the destination: as soon as you know the move date

• Have the other parent sign it before a notary or a Spanish consular officer: after they agree

• Get an apostille (Hague Convention countries) or consular legalisation on the signed document, then a sworn translation into Spanish: before you submit the file

• Submit the consent, or your court order or sole-custody proof, with the child's visa or family reunification application: with the application

• Gather the documents: notarised consent from a notary or consular officer; court orders and custody or divorce judgments from the court; death and birth certificates from the civil registry; a police or Guardia Civil travel consent form in some cases: while preparing the file

• Ask the Spanish consulate (for visas) or the Extranjería office (for residence) whether your documents are enough, and check the departure country's authorities for what is needed to leave: before you submit

• If the other parent agrees, follow the consent steps; if you hold sole custody or the other parent has died, use that proof instead; if the other parent refuses or cannot be found, go to court for an order: at the decision point

• If the office rejects your file, ask what is missing and fix it. Without consent the child's visa or reunification can be blocked, school enrolment can stall and there can be problems at the border. A parent who objects may also ask for the child's return under the Hague child abduction convention: if the file is refused or the move is challenged

• Ask a court for an order authorising the move or granting sole custody, then submit it with the apostille or legalisation, a sworn translation and proof it is final: if consent is missing and the normal route is closed

Documents for a child's application when the other parent stays abroad

Consent, custody and court documents

• The other parent's written consent, signed before a notary or the Spanish consulate, naming the child, the purpose and the destination. This applies when the other parent is not applying and you do not hold sole custody.

• Apostille on any foreign consent or court document if the country is in the Hague Convention, or consular legalisation if it is not.

• Sworn translation into Spanish of every foreign document, done by a traductor jurado (a translator officially appointed to certify translations).

• The other parent's death certificate, or a birth certificate showing only one parent, if that is your situation.

• A court order authorising the child's move, or a judgment removing the other parent's parental authority, if the other parent refuses or cannot be found.

• For a stepchild joining a non-EU resident: the child's birth certificate and proof of custody or the other parent's consent, alongside the spouse's own reunification file.

Checklist

• Check whether your child is applying to join or travel with only one parent, because then you must show the other parent's agreement.

• Decide which proof fits you: the other parent's written consent, a court order, or proof of sole custody.

• Add an apostille or consular legalisation to any foreign document, then a sworn translation into Spanish.

• Collect proof of abandonment or of your efforts to locate the other parent, to go with any sworn declaration.

• Ask the consulate or Extranjería office whether your evidence is enough before you submit.

What if the other parent refuses consent or cannot be found

If the other parent will not sign or cannot be found, the usual way forward is a court order. It replaces their consent. Which papers an office accepts depends on the office, so ask the one handling your application before you start.

A court order is the strongest option

An order that gives you sole custody, or that authorises the child's move, can stand in for the other parent's signature.

• Spanish order: offices accept it directly.
• Foreign order: expect to need an apostille or legalisation, a sworn translation into Spanish, and proof that the order is final.
• Extra court step: a formal recognition procedure is generally not required for an immigration application. An office may still ask for it if it has doubts, so ask in advance.

If you cannot get an order

Other evidence may be accepted when the other parent is absent or cannot be traced:

• proof that the other parent has abandoned the child
• a sworn declaration, together with documents showing the efforts you made to find them

A sworn declaration on its own is often not enough. Bring the supporting documents with it.

What to do

2. Gather the court papers or the proof of your efforts to find the other parent.
3. Get apostilles and sworn translations done early, because they add time.
4. If you have no order and the other parent refuses, speak to a lawyer about starting a court case.

Check with the consulate or Extranjería office handling your file what it accepts when the other parent is missing or refuses.

Consent request wording you can adapt

Copy the message below, fill in the blanks, and send it by email or messaging app so you have a written record. Keep it short and polite. Send it early, because the other parent may need time to think, get advice or sign in front of someone.

Message to adapt

Subject: Written consent for our child's move to Spain

Hello [name],

I hope you are well. I am writing about our child, [child's full name], born on [date of birth].

I plan to move to [city, Spain] on or around [date], and I would like [child's name] to live there with me. The reasons are [short reason, for example: my new job, my partner's job, family support, a school place].

Here is what I propose:

• Home: [child's name] will live at [address or area] in [city].
• School: [child's name] will attend [school name or "a school we agree on"] from [month and year].
• Time with you: [child's name] will spend [for example: every summer holiday, half of Christmas and Easter, one weekend a month] with you. I will cover or share the travel costs: [say how].
• Contact: [child's name] can speak with you by video call [for example: twice a week, at set times].

To make the move official, I need your written consent. I am asking you to sign a short consent document, ideally in front of a notary, so that it can be used with schools, officials and at the border. I will arrange the document and cover the cost of the notary: [yes / we can share the cost].

Could you please let me know by [date, allow at least two to three weeks] whether you agree, or whether you would like to talk first? I am happy to call or meet at [day/time or by video] to go through any questions.

I want this to work well for [child's name] and for both of us.

Thank you, [Your full name] [Phone number]

Tips for using it

• Fill in every blank. A vague request is easier to refuse or to delay.
• Keep the tone calm and practical. Leave out old disagreements.
• If the other parent agrees, ask them to reply "I agree" in writing as a first step. This does not replace the signed consent document.
• If the other parent says no or does not answer, do not move the child yet. Read the rest of this page on what to do next.

Frequently asked questions

Do I need the other parent's consent if I have sole custody?

No, you do not need the other parent's consent if you hold sole custody or sole parental authority, but you must prove it. A final court judgment or custody order is the usual proof.

What if the other parent cannot be found or refuses consent?

Authorities usually accept a court order granting you sole custody or authorising the move. Other evidence can be proof of abandonment, a judgment removing parental authority, or a sworn declaration plus documents showing how you tried to locate the parent. A declaration alone is often not enough, and practice varies by office.

What should the other parent's consent letter say?

The consent letter should name the child, the purpose and the destination.

Who decides if my consent evidence is enough?

The Extranjería office handling the file decides, or the consulate if you apply for a visa.