Travel

For international travel, you generally need either the other parent's written consent or a court order permitting the travel. Canada Border Services Agency (CBSA) recommends that a child travelling with only one parent carry a signed consent letter from the other parent. Many countries require this letter as a condition of entry. Even if it is not legally required in every case, having a consent letter prevents delays and problems at the border. For domestic travel within Canada, consent is generally not required unless your parenting order restricts travel.

A travel consent letter should include: the full names and dates of birth of the child and both parents; the destination(s) and dates of travel; the name of the accompanying parent; a statement that the other parent consents to the travel; the other parent's contact information; and the other parent's signature, ideally notarized. The Government of Canada provides a sample consent letter on its travel website. Keep the original with you when travelling and carry a copy of the child's birth certificate and your parenting order. The letter should be in both English and French if travelling to a French-speaking country.

A Canadian passport for a child under 16 requires the consent of all persons with parental authority — generally both parents. If one parent refuses to consent to a passport, the other parent can apply to the court for an order permitting the passport to be issued. If there is a concern that the other parent may take the child out of the country without consent, you can apply to have the child's name added to the Canadian Passport Denial List, which prevents a passport from being issued without your knowledge. Contact Global Affairs Canada for information about the Passport Denial List.

Taking a child out of Canada without the other parent's consent (when required) or in violation of a court order is international child abduction — a serious criminal offence. Canada is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism for the return of children wrongfully removed to or retained in another country. If your child has been taken to a Hague Convention country, contact the Central Authority in your province immediately. The process can be complex and time-consuming — act quickly. Not all countries are signatories to the Hague Convention.

Your parenting plan should include clear travel provisions: how much notice is required before international travel; what information must be provided (destination, accommodation, contact details, return date); whether a consent letter is required for every trip or whether a standing consent can be given; what happens if the other parent refuses consent; and how the child will communicate with the other parent during the trip. Clear travel provisions prevent disputes and give both parents confidence that the child will be safe and that the parenting arrangement will be respected.

If the other parent refuses to consent to travel without a legitimate reason, you can bring a motion asking the court to permit the travel. Courts will consider the purpose of the trip, the length of absence, the impact on the child's relationship with the other parent, and whether there is a genuine risk that the child will not be returned. Courts generally support reasonable travel — a family vacation or a trip to visit relatives is usually approved. If the refusal is being used as a control tactic rather than out of genuine concern for the child, courts will recognize this.