Travelling with Children
When you separate or divorce, it is a good idea to create a separation agreement that includes details about travelling with your children. This can help to avoid complications or conflict in the future.
If you are separated or divorced, you should travel within Canada with copies of your parenting arrangement, court order, or other parenting documents. Although there are no border officials to talk to, there are other reasons these documents can be important. For example, you may need to prove that you have decision-making responsibility if your child requires medical assistance.
When you are travelling with a child and the other parent is not present, it is a good idea to gather documents proving your authority to travel with the child outside of the country. This is true even when you are not separated from the child’s other parent.
These documents could include:
- The child’s passport
- The child’s birth certificate (make sure you have a version of the birth certificate that has the child’s parents names listed on it)
- A copy of any court order granting you a right to travel with the child
- A consent letter to travel from anyone who has been given parenting time, contact, or decision-making responsibility for the child
- Anything else required by the country you are visiting
A consent letter says the child’s other parent agrees with you and the child travelling on specific dates to a specific location. A consent letter is not required within Canada but it can make travelling with children much easier. Immigration authorities may request one when entering or leaving a foreign country. Canadian officials may also request it when re-entering Canada.
The Government of Canada website has published a sample consent letter. You can make changes to it as necessary. You could also ask a family lawyer to draft a consent letter.
The person giving consent to the child’s travel should sign the letter in front of a commissioner of oaths or notary public. This will make border officials less likely to question whether the letter is real and valid.
Carrying a consent letter does not guarantee that border or customs officials will allow your children to enter or leave a country. Every country has its own entry and exit requirements. You should always check with that country’s embassy or consulate in Canada for their rules on travelling with children before you travel. If your child is a dual citizen, you should find out what rules will apply to them when entering their other country. Some countries will apply different rules to their own citizens.
You should carry a copy of a court order granting you sole decision-making responsibility and granting you permission to travel with the child if it is not possible to get a consent letter. You should talk to a lawyer before travelling with your child if you do not have a court order.
If the other parent refuses to sign a consent letter for you to travel with your child, you can apply to the court. The court can make an order that says you can travel with the child without the other parent’s consent. When deciding whether to grant this order the judge will consider whether the travel is in the best interest of the child.
Often, when a child lives with one parent most of the time, it is that parent who holds the child’s passport and Medicare card.
Parents with shared parenting time and who get along well should come up with a system regarding passports. Often the parent who last used it will hold it until the other parent needs it. When you do not get along with the child’s other parent, you will need to develop a system that works for you. Another option is to have a third party, like a law office, hold the child’s passports.
Medicare cards should travel with the child as much as possible. Both parents should write down the child’s Medicare number so that you have it if you need it but can’t access the card. Booking clinic appointments usually requires the Medicare card.
When your child is travelling with the other parent, you may worry that they will not bring the child back or that your child might be in danger. If this is the case, talk to a lawyer right away, who can advise you on what you should do.
Court Options
You may be able to apply to the court to prevent the other parent from taking your child out of the province or country.
If you are still creating your parenting agreement or order, can ask the court to include specific rules about international travel, such as requiring both parents’ permission before the child leaves Canada.
Federal Support
If you are worried that someone may apply for a passport for your child without your consent, you can apply to have your child’s name added to the Passport System Lookout List. This does not stop travel, but it alerts Passport Canada to make sure that you have agreed before issuing a new passport for your child. Your child’s name will stay on this list until you ask in writing to have them removed, or until your child turns 16.
If your child may have citizenship in another country, you can write to that country’s embassy or consulate in Canada to ask them not to issue a passport or visa for your child. Consular Services at Global Affairs Canada (1-800-387-3124) can help you find the right office to contact.
To get more information and advice about preventing child abduction, you can contact Consular Services at Global Affairs Canada or read their guidebook on this topic.