travel consent for children of divorced or separated parents

Travel Consent

A travel consent applies to a child who is either traveling alone, with only one parent/guardian, friends, relatives or a group (e.g. sports, school, musical, religious).

Although there is no Canadian legal requirement for children to carry a travel consent, a travel consent may be requested by immigration authorities when a child is traveling abroad. Failure to produce such consent upon request may result in delays or refusal to enter or exit a country. Furthermore, it is highly advised that even in situations where a parent has full/sole custody, they obtain a travel consent from another parent who has access rights (also known as visitation rights).

Typically, the travel consent should include the following information

  1. The nontraveling parents name and contact information
  2. Full names and birth dates of each parent and each child.
  3. Specific dates for travel
  4.   Mode of transportation.
  5. The destination address and contact details

The travel consent should be notarized. It is best that the travel consent is done well in advance of any travel plans.

So, what happens in a situation where a travel consent is required for a parent to travel with their child without the other spouse but the non-traveling spouse refuses to consent? The only court appearance that will decide if the child is able to travel is a Motion. In these situations, a judge will evaluate the matter even though one of the child’s parents refuses to consent to the trip.

If you would like to speak with one of our lawyers regarding further issues related to this topic please contact us at (416) 840-1475 or schedule your free initial consultation here.