At Santana Ripoll & Assoc., one of the most common questions we receive is:
Can I travel with my child without the other parent’s permission?
And while many people believe the answer is simple, the reality is that this issue has important legal implications that are not always well known.
In practice, situations as common as a trip, a vacation, or even a relocation can become a legal problem if they are not handled properly from the start.
Because yes, although not everyone knows this, in the Dominican Republic the movement of a minor does not depend solely on the will of one parent.
The law establishes clear limits.
According to Law 136-03, which regulates the rights of children and adolescents, transferring or retaining a minor outside their habitual place of residence without proper authorization may be considered an illegal act.
And this is where many people are surprised.
Because we are not only talking about extreme cases. In practice, this happens in much more common situations than you might imagine. For example, when one parent decides to leave the country with the minor without the consent of the other. Or when permission is granted for a specific period… and that period is not respected. Even when the destination or purpose of the trip changes without agreement between both parties.
So a key question arises:
Does being a parent give you the right to decide everything?
The answer is not in all cases.
Having a parental relationship does not eliminate the need to comply with established legal requirements, especially when it comes to decisions involving the relocation of a minor, whether within or outside the country.
Now, there are specific situations where one parent may act independently, such as when the other parent has passed away or when there is a court decision granting sole custody. But outside of these scenarios, it is recommended—and in many cases mandatory—to have the proper authorization.
When the relocation involves another country, the situation can be even more delicate. In such cases, it may be considered international child abduction, regulated by the Hague Convention, which activates legal mechanisms for the return of the minor to their habitual place of residence.
And this is where many people say:
“I didn’t know this could have legal consequences…”
And that is precisely where the problems begin.
In our experience at Santana Ripoll & Assoc., many of these cases do not occur out of bad intention, but out of lack of knowledge. Parents who believed they were acting correctly… until they found themselves facing an unexpected legal situation.
Because when one party believes that an improper relocation has occurred, legal mechanisms can be triggered, including the intervention of the competent authorities such as the National Council for Children and Adolescents (CONANI), as well as formal proceedings to request the return of the minor.
And something very important: time plays a key role.
The longer the situation lasts, the more complex the process can become, especially if there are changes in residence, departure from the country, or conflicts between the parties.
In the end, these types of cases make one thing clear: not everything that seems like a personal decision… is one from a legal standpoint.
And here is an important question:
Do you really know which decisions you can make on your own… and which require legal authorization?