Your cousin’s wedding is in Ludhiana in February, or your parents want the kids in Kingston, Jamaica for March Break, or you found cheap flights to Orlando. Before separation, you would have just booked. Now you have to ask whether you need the other parent’s consent, what to do if they say no, and whether a border official could turn you back with a child in tow at Pearson.
There is a second, more anxious version of the same question. Some parents worry that a trip abroad will be a one-way trip. Both concerns are legitimate, and the answer to each usually starts with the same step: read your order or agreement closely.
The information below is general and does not replace legal advice. Rules set by other countries and federal agencies can change, so confirm details with the relevant government before you travel.
Start With Your Order or Agreement
Many parenting orders and separation agreements have specific travel clauses. These might require written consent for any travel outside Ontario or Canada, set out how much notice to give, require an itinerary, say who holds the passport, or require that the passport be returned after each trip. Read them word for word, including the definition of “travel.” A clause that only addresses “international” trips might not cover a drive to Ottawa, but a clause saying “outside Ontario” certainly would.
A court may also prohibit removal of a child from Ontario without consent or an order, and may require delivery of a child’s passport. If your order says this, there is no judgment call to make. You must comply with it, and failing to do so could have serious consequences.
If nothing covers travel, things get less clear. If you have no order or agreement at all, you may not be legally barred from a holiday, but that is not the same as being safe to travel. Taking a child abroad without the other parent’s knowledge can trigger an emergency motion, police involvement or criminal allegations, and it can seriously damage your credibility in family court. Criminal Code offences related to child abduction, under sections 282 and 283, can apply to parents. When in doubt, get written consent or legal advice before booking.
Ask Early and Give Real Information
Most travel disputes become much easier if the request comes early and with details. A good request includes:
- the dates of departure and return, and the airline and flight numbers
- every destination and address, with a phone number where the child can be reached
- who will be travelling with the child
- how any missed parenting time will be made up
- how and when the child will speak with the other parent during the trip
- a copy of return tickets
- any medical information, vaccinations or insurance arrangements
Send it in writing, and keep the response. Parents sometimes refuse a trip because they were told about it three weeks before departure, with little detail, right after a dispute about something else. Two months’ notice and a complete itinerary can change the answer.
The Consent Letter
The Government of Canada recommends that a child travelling abroad without both parents or legal guardians carry a consent letter, and provides a template on its travel website. There is no Canadian legal requirement for one, but border and immigration officials, both in Canada and abroad, may ask for evidence that the child has permission to travel. Some countries have their own entry or exit rules for minors, so check the destination’s requirements too. Some may expect specific documents, or translation and notarization.
Federal guidance suggests that the parent who is not travelling sign it, and that each person with decision-making responsibility be included, as appropriate. If a court order or agreement sets out who must sign, follow that. Separate letters are recommended for children travelling separately for part of the trip. Getting the signature witnessed, ideally by a notary or a lawyer, generally gives the document more credibility, even where it is not strictly required. Bring the original, plus copies of your court order or agreement and the child’s birth certificate if they show the relationship, especially if you and your child have different last names.
A consent letter is evidence of permission and nothing more. It does not guarantee entry to another country or guarantee that a child will be returned. The federal abduction guide is blunt on this: you should not sign a consent letter if you are worried your child may be taken or kept outside Canada. If that is how you feel, get legal advice before responding.
Passports for Children
Passports often become their own dispute. When parents have separated, the application process depends on whether there is a court order or agreement. Where a legal document deals with decision-making, custody, access, parenting time, mobility or passports, the application generally must include it, and only the person or people with the required decision-making responsibility may be able to apply. The Passport Program may contact the other parent, and it can refuse to issue a new passport that would contradict a court order or separation agreement. Its own guidance states that both parents’ consent is not always mandatory, so do not assume that your refusal to sign will prevent a passport from being issued.
If you cannot agree on who holds the passport, ask for a term in your order or agreement. A common approach is that one parent holds the passport and must release it for approved travel within a certain time. A court can order that a child’s passport be delivered to a person or body the court specifies.
The federal Passport Program also runs a “System Lookout” for children under 16. A parent can ask to have a child’s name added. It is a useful flag, but it has limits. It does not create an alert for border authorities, restrict a child’s movement, or stop travel on a passport that already exists. Passports from other countries are outside Canada’s control. If your child may also be a citizen of another country, you can ask that country’s government not to issue documents, and many, but not all, will comply. Many Brampton families have ties to more than one country, so think about this if it applies to you.
When the Other Parent Says No
If the other parent refuses or simply will not answer, you still have options, but you should not simply go ahead. Ask for the reason and try to deal with it. Offer more calls, an extra weekend when you return, or a shorter trip. Mediation can help, and it does not need to be elaborate. Your lawyer can write a short letter setting out the plan.
If that fails, you may ask a court to authorize the trip. Courts decide these requests on the basis of the child’s best interests. They might weigh the purpose and benefit of the trip, its safety, whether the destination is part of the child’s family and cultural heritage, the risk of the child not coming back, and any effect on parenting time, school or the child’s routine. A judge may also add conditions.
This takes time. A vacation request is unlikely to qualify as urgent if you have known about the trip for months, so do not wait until the week before. Plan to raise the issue well ahead of time, as court dates may not be available on short notice. Avoid booking non-refundable travel until you have consent or an order. A family lawyer can advise you on how to make this as simple as possible, and our page on custody and parenting arrangements offers more background.
A Trip Is Not a Move
A temporary holiday is different from a change of the child’s home. Under both the Divorce Act and the Children’s Law Reform Act, a person with decision-making responsibility or parenting time who intends a relocation must give at least 60 days’ written notice to others with parenting time, decision-making responsibility or contact under a contact order. A relocation is a change of residence that is likely to have a significant impact on the child’s relationship with one of those people. The notice must provide details including the expected date and the new address, along with a proposal for how parenting arrangements could work, and there is a process for objecting. Courts can modify or waive these requirements, including where family violence is a concern.
If you are thinking of taking a long stay with relatives abroad that might turn into something more permanent, do not treat it as a vacation. Staying in another country past the agreed return date can have serious consequences, including a claim that you wrongfully retained the child there.
If You Fear the Child May Not Come Back
If you have a specific reason to be worried, such as a one-way ticket, sudden sale of property, a job resignation or statements about leaving for good, act quickly. Your options may include:
Seeking an urgent order. Family court rules allow a motion without notice if there is an immediate danger of a child’s removal from Ontario and the delay involved in serving notice would probably have serious consequences. A judge may prohibit removal and require delivery of passports. The Children’s Law Reform Act also allows court orders aimed at preventing removal or securing a child’s return, which can include posting a bond and handing over travel documents.
Talking to police. Call 911 if there is immediate danger. Peel Regional Police may also be able to tell you what they can do. It helps to have a copy of any order with you.
Securing documents. Keep the child’s passport, birth certificate and other travel documents in a safe place, if you are entitled to hold them.
Contacting the Passport Program. The program can be reached at 1-800-567-6868 and can explain the System Lookout and what happens if a court order limits a passport.
If a Child Has Been Taken or Kept Abroad
Time matters. Call the police, and contact a family lawyer right away. Federal Consular Services can be reached at 1-800-387-3124, and Ontario’s Central Authority for Hague cases at 416-240-2411 or hague.abduction@ontario.ca.
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to return children under 16 to their place of habitual residence. A return order does not decide parenting issues. It usually sends the child back so that the courts of the home jurisdiction can decide them. The application must also meet the Convention’s requirements, including that the removal or retention breached rights of custody.
Not every country is covered. Canada applies the Convention only with certain countries. Check the Hague Conference’s status table and federal guidance for the country you are concerned about, and do not assume that a country’s joining the treaty means it applies with Canada. India, for example, a destination many Brampton families travel to, has not been listed as a contracting state on the Hague Conference’s table. Returning a child from a country where the Convention does not apply can be difficult or impossible, and may involve legal proceedings in that country. The federal guide recommends lawyers in both countries for those cases. Do not try to bring your child back on your own, since that may be a crime in the other country and can hurt your case.
If you live with these worries, it is reasonable to ask a court to take the destination into account when deciding on a term, and to weigh safeguards such as passport terms, bonds or advance copies of return tickets. A lawyer can tell you whether such terms are realistic. Our family law team can also help you draft travel clauses that reduce disputes down the road.
Good Clauses Prevent Bad Airports
If you are negotiating an agreement or consent order, it is worth spending an extra hour on the travel section. It might set a notice period, a deadline for responding, an agreement not to unreasonably withhold consent, a list of pre-approved trips and destinations, a requirement for return tickets, who keeps the passport, how quickly it must be released, and how the child will communicate with the other parent. Having those details in writing often means you never need to argue about them.
A family trip should give a child good memories. A bit of extra planning, an honest conversation and a clear document can keep the focus there. If you have a trip coming up or a worry that will not go away, you can contact our office with your dates and any court documents you have, and it will help if you do this well before you are due to leave.