In cases where parents are separated or divorced, one parent may want to take a trip with the child where the other parent or guardian is not present. To avoid delays and complications, such parents must be aware of their rights and responsibilities before traveling with children.
Traveling With Your Child
The traveling parent needs to ask a few questions before booking a vacation. Those include:
- Does your custody agreement allow the child to travel to another province or country?
- Do you have the other parent or guardian’s permission to take the child out of the province or to another country?
- Do you have a consent letter for children travelling abroad?
If you answered “no” to those questions, then you may not be able to take the child out of the province and may have to seek a court order.
Consent Letter For Children Traveling Abroad
Parents who plan to travel with their child internationally and who share custody with another parent or guardian need a signed consent letter to take the child out of the country.
This letter can also make international travel easier. It shows immigration authorities that the child has permission from the other parent or guardian to travel abroad.
Can I Take My Child On Vacation If I Do Not Have Permission?
Taking your child on vacation without the other parent or guardian’s consent is problematic and can result in legal consequences.
Doing so could trigger authorities to draw on the Hague Abduction Convention. Canada is a party to this convention, which is an international treaty designed to help return a child in cases where a parent took a child to another country against the other parent or guardian’s wishes.
The lawyers at Peterson Stark Scott can advise you on traveling with your child in cases of custody disputes.