Unaccompanied minors traveling abroad from Israel

Unaccompanied minors traveling abroad without having both their parents with them present a legally sensitive issue for border control and immigration authorities at airports and border crossings. Parents who want to send their children abroad accompanied by relatives and friends must ensure their documents are in order.

Border control officials at the Ben-Gurion Airport and other border crossings operate in accordance with an orderly procedure. The goal of the procedure is to make it difficult for abductors or couples in a divorce proceeding to easily take the child abroad.

Our Israeli law firm deals with immigration to Israel and traversal of Israel’s border crossings. We often receive questions from parents who want to send the children abroad without parental accompaniment. Attorney Joshua Pex will explain the procedure for minors passing through Israeli border crossings without their parents below.

What does the term “Unaccompanied minors traveling abroad” refer to?

A minor is a child or young person up to the age of 18 who leaves or enters Israel without the assistance of a parent or legal guardian. A guardian, having being properly appointed, replaces the parent for legal purposes.

The definition does not include minors who travel within the framework of a “public delegation”. A public delegation travels as a school group or on behalf of a public institution. A minor on a Holocaust Remembrance trip to Poland or participating in an international sporting event is not unaccompanied. The consent of the parent is still required, but the public institution in question deals with the bureaucratic issues.

How to issue parental permission for unaccompanied minors traveling abroad from Israel

A minor leaving Israel under the supervision of a person who is not their parent or guardian, must have parental approval. The approval permit should specify all the relevant travel information – the identity of the child, the identity of the escort, the purpose of the departure, the destination, and the travel schedule. If the minor’s parents are divorced, both parents must sign the certificate (unless one parent is the sole guardian). A border control worker shall check the identity and travel documents of the minor and their adult escort, comparing them to the permit in order to ascertain whether there is (for instance) an exit refusal order for the child or the escort before approving their departure.

It must be emphasized that children in foster care – under the supervision of a relative or other person who is not their parent or guardian – are required to receive both the guardian’s approval and the approval of the welfare services (the foster care worker who handles the child’s case). The requirement to present this certification is more strictly enforced due to changes in the Foster Care Law in 2016.

What is the escort’s responsibility?

The escort also signs the permit in order to verify that everything written in it is correct. The permit can be used repeatedly – if the minor routinely goes to the same destination with the same adult escort. However, if one of the travel details changes, a new permit must be issued. It is important to emphasize that the escort is not permitted to change the travel details or to transfer the minor to another escort without written permission from parents. If the escort wishes to leave or return to Israel without the minor (as opposed to the travel plan within the original permit), the parents must confirm in writing that the child has stayed with them or has been transferred to the custody of another escort.

Is it necessary to authenticate the parental approval for a minor leaving Israel with an attorney or notary?

Israeli legislation does not require such verification. However, many countries, especially in Europe, require a “minor visa” for unaccompanied minors traveling abroad. Such a visa is in fact a parent’s approval as described above, which does require a notary’s authentication. The visa must be written in English or in the language of the destination country, or translated into these languages.

How to authenticate the parental approval for an unaccompanied minor?

If a minor enters Israel accompanied by someone who isn’t their legal guardian, the parent’s approval must be authenticated by a local notary or at an Israeli consulate. If a minor enters from a country whose citizens are not exempt from the need to obtain a visa in order to enter Israel, the parent must sign the permit together with the other documents required to obtain a visa at the Israeli consulate. A local notary stamp is not a valid form of authentication in that case.

If the minor arrives in Israel after being adopted by an Israeli, their entry is in accordance with the procedure for granting an entry visa for a child adopted abroad.

Contact lawyers specializing in immigration to Israel

Our law office in Jerusalem and Tel Aviv has a number of immigration lawyers. We are at your service in a variety of legal questions. We will be happy to provide information or practical assistance regarding unaccompanied minors traveling abroad from Israel.