Travel with a child from Tunisia: authorization and travel bans

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Topic: Family law

Travel with a child from Tunisia: who authorizes a minor's passport and exit, documents checked at the border, dual-national children and child travel bans.

Since the 2015 amendment to Tunisia's passport law, either parent can in principle apply for a minor's passport and authorise the child to travel; it is no longer up to the father alone. In a divorce or dispute, however, a parent can ask a judge to ban the child from leaving the country, and a custodial parent who wants to move abroad with the child should make sure their legal position is secure before leaving. A minor's passport: does the father or the mother authorise it? Before 2015, it was in practice the father, as the child's legal guardian, who authorised a child's passport and travel abroad. Since Organic Law No. 2015-46 of 23 November 2015, which amended the law on passports and travel documents, a minor's travel requires the authorisation of either parent, the guardian or the person who has custody, and the same applies to the child's passport. So the claim you sometimes see on forums, that only mothers need an authorisation, is wrong. That general rule gives way in specific situations: a court order banning the child from travelling, a custody judgment that regulates the child's travel, or an ongoing dispute between the parents. In those cases, the judge's decision prevails. Documents that may be checked at the border What you need depends on who is travelling with the child. It is sensible to carry: the child's valid passport ; a birth certificate or the family record book (livret de famille), especially if the accompanying adult has a different surname; a parental authorisation with a certified signature if the child travels alone, with a relative, or on a school or sports trip; the custody judgment , if there is one, or the decision lifting a travel ban. The border police decide in the end whether the papers are sufficient. Check in advance with the relevant authorities, or the Tunisian consulate if you live abroad, rather than on the day you travel. Custodial parents: travelling or moving abroad with the child After a divorce, custody goes to one parent and the other keeps certain rights, chiefly visitation. The Personal Status Code gives a custodial mother some of the guardian's powers, including on the child's travel. There is an important difference, though, between: a temporary trip (a holiday or family visit) with a set return date; and moving abroad , which can in practice stop the other parent from exercising visitation, and may lead the judge to review custody or how visitation works. The Personal Status Code even provides that custody can be lost if the custodial parent moves so far away that the guardian can no longer carry out their duties towards the child. If you are thinking of moving to another country with your child, the safest course is to get the other parent's written agreement or a court decision before you leave. See also our guide on alimony and custody. Dual-national children and non-Tunisian parents A child with Tunisian nationality is treated as Tunisian by the Tunisian authorities, even if they hold another nationality. The travel advice of some foreign governments, including France, says that a non-Tunisian parent travelling alone with a Tunisian child may be asked for the child's Tunisian passport and an authorisation from the Tunisian parent signed before a Tunisian authority. This is foreign-government advice, not Tunisian law, so check with the Tunisian consulate before you book. Child travel bans: getting one and having it lifted If you fear your child may be taken abroad without your consent, you can ask the competent judge to issue a travel ban (تحجير السفر, interdiction de sortie du territoire). When there is a dispute over a child's travel, anyone with an interest, or the public prosecutor, can apply to the president of the court of first instance, who rules under the urgent (référé) procedure in the child's best interests. During divorce proceedings, the family judge can also take urgent measures on custody and visitation. Gather what supports your concern: messages, booked tickets, statements about settling abroad. Have a lawyer file the application, with the custody judgment or proof of the dispute. Once the order is made, make sure it is passed on to the relevant services so that it is enforced at the border. Lifting a ban is requested from the court, by showing that the risk no longer exists or by offering guarantees, such as a written agreement between the parents on the length of the trip and the return date. If your child has been taken abroad without your consent Act fast. Time matters a great deal. See a lawyer immediately, and if possible a lawyer in the country where the child now is. Refusing to hand over a child in breach of a custody or visitation order can be a criminal offence and grounds for a complaint. Tunisia has judicial cooperation agreements in this area with some countries, including the 1982 Franco-Tunisian convention on custody and visitation rights. Under that convention, requests go through each country's Ministry of Justice. Tunisia has also joined the 1980 Hague Convention on the civil aspects of international child abduction. It applies only with countries that have accepted Tunisia's accession, including France since 2023. Frequently asked questions Does a minor's passport need both parents' consent? Generally no. Since the 2015 reform, one parent's authorisation is enough, unless a court has decided otherwise, for example with a travel ban. Can a mother travel with her children without the father's permission? For a temporary trip, in principle yes, particularly if she has custody, unless there is a travel ban. Moving abroad, however, can affect custody, so see a lawyer first. How do I know if my child is subject to a travel ban? A ban is ordered by a judge and notified to the parties. If in doubt, ask your lawyer to check before you travel. Can my child travel with their grandparents? Yes, but bring a parental authorisation signed by one parent, with a certified signature, naming the accompanying adult, the destination and the length of the trip, plus a copy of the signing parent's ID. If the parents are divorced, it is best if it comes from the custodial parent or from both. When should you see a lawyer? See a family lawyer before any long stay abroad with your child after a divorce, before moving out of Tunisia, and as soon as you fear the child may be taken abroad without your consent. A lawyer can draft agreements between parents, apply for a travel ban or have one lifted, and work with a colleague in the other country where needed. The site's directory lists lawyers registered with the ONAT by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026