Under the law, a minor (a person who has not yet reached the age of eighteen) may not travel without the consent of his or her legal representative(s). If the minor has not been legally recognized by the father, the mother is the legal representative of the child. If only one parent has parental authority (note that this can be either the father or the mother), then the parent with sole authority is the legal representative of the minor. If both parents are vested with parental authority, they are both legal representatives of the minor. Guardians appointed by the Court are also legal representatives of the minor.
Today, the “Circular on Traveling with Minors” issued by the Minister of Justice enters into force in Curaçao. This circular sets out which documents must be presented when traveling with minors at border control in order for the child to travel lawfully. In essence, the person traveling with the child must be able to demonstrate that permission has been granted by the legal representative(s), meaning one or more of the parents or guardians of the child. Whereas a “circus” refers to a traveling group, a “circular” refers to a notice or letter circulated among various persons or institutions, such as the director of the Curaçao Immigration Organization, the President of the Joint Court of Justice, the Chief of the Curaçao Police Force, the director of the Curaçao Child Protection Board, and, for example (but not limited to), the director of Curaçao Airport Partners.
Although the circular enters into force today, the Minister of Justice has fortunately provided for a transitional period of one month with regard to the documents to be submitted. During this transitional period, a “buki di famia” or family book, the birth certificate, and the long extract from Kranshi may substitute one another. As of August 1, 2023, the public must comply with the circular. If the required documents are not submitted by then, departure or entry will no longer be permitted, in order to protect the minor.
A special consent form has been designed and published on the website www.gobiernu.cw. This form (containing information about the trip, the accompanying adult(s), and the travel period) must be completed and signed by the legal representative who grants permission for the minor to travel (and by the accompanying adult to whom the care of the child during the trip is entrusted).
Other documents that must be submitted include (i) a valid identification document, (ii) the travel documents of the minor, (iii) a valid identification document of the authorized parent(s) who hold parental authority or of the relevant guardian, (iv) a valid identification document of the accompanying adult, and (v) documents demonstrating who the legal representative of the traveling minor is.
When traveling with a minor, in all cases the special consent form completed and signed by the legal representative(s) is required, as well as a birth certificate of the minor (not older than six months) or a long extract (not older than six months) issued by the Department of Public Affairs (Kranshi). In almost all cases, an extract from the Parental Authority Register is required (not older than six months). Only in cases where both parents have parental authority may the child’s birth certificate or the parents’ marriage book, in which the child’s name is included, be used instead of an extract from the Parental Authority Register. Since the publication of the “Circular on Traveling with Minors,” there has been a surge in requests at Kranshi and at the information desk of Kas di Korte, where extracts from the Parental Authority Register can be requested. Specially for these applications, additional seating has been placed at the Court and the information desk is open longer each day. In recent weeks, there has been a rush at the Parental Authority Register accessible via the Kas di Korte information desk.
A special email address has also been created for submitting digital requests for the extract, namely gezagregister@caribjustitia.org. When submitting a digital request, you must attach a photo or scanned copy of a valid identification document of the parent and a “long” extract of the child (issued by Kranshi). The extract may not be older than three months. Within no more than five working days after submitting the digital request, you will receive notification indicating when you may collect the extract. The Court charges a fee of 50 guilders per extract from the Parental Authority Register, and for a long extract from Kranshi you must pay 10 guilders per person. If you intend to travel with one or more minors, I recommend starting the preparations in good time, such as requesting long extracts from Kranshi, completing the consent forms, and applying for an extract from the Parental Authority Register.
If, during the preparations for your trip with a minor or minors, you are confronted with a situation in which the other legal representative of the minor refuses to grant permission for travel, please feel free to contact True Lawyers via info@true-lawyers.com. We will be happy to assist you with advice and support.