Article 44 of the Portuguese Constitution enshrines the right to move and emigrate:
‘1. All citizens are guaranteed the right to move and settle freely in any part of the national territory.
2. Everyone is guaranteed the right to emigrate or leave national territory and the right to return.’
However, the situation regarding minors (under the age of 18) deserves special protection when it comes to leaving Portugal. Indeed, they cannot travel unaccompanied and without specific authorisation.
Here are some brief guidelines on what you need when travelling abroad with a minor and note that these rules apply to both Portuguese and foreign minors.
Minor children of married or in a de facto relationship parents
The authorisation to leave the country only needs to be signed by one of the parents.
Minor children of single or divorced parents
The authorisation to leave the country must be signed by the parent who has custody of the child.
Minor children of divorced parents with joint custody
In the case of joint custody, there is no need for a written authorisation, as the child can leave the country with either of the parents. However, there cannot be opposition from one of the parents. If this is the case, the opposing parent has the right and duty to report the situation to AIMA (Immigration) and to the Police.
For more information on the documentation and formalities of this procedure, please contact us at geral@sbpslegal.com.
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