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Parental Travel Consent

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Markham, Ontario L3R 9Z3
416-840-1475
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May 19

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A parent wishing to travel outside of Canada with his or her child must first obtain consent to do so from the child’s other parent, unless the other parent is also accompanying the child or there is a court order dispensing with consent of the other parent. Even parents with sole decision making (ie sole custody) must obtain consent from the child’s other parent before the child may travel abroad. The necessary travel consent must be in writing, and it is best to have the document notarized.

Many parents are reluctant to provide consent for their children to travel which raises the question of whether one parent can force the other parent to consent and when consent can be refused. Canadian courts have held that consent must not unreasonably withheld. This means that a parent cannot refuse to consent simply because he or she does not approve of the travel plans. When consent is being unreasonably withheld, courts can issue orders requiring that a parent consent or dispensing with the need for consent. Courts can also award costs against parents who has unreasonably withheld consent when same has resulted in the other parent having to litigate in order to obtain or dispense with consent. On the other hand, the courts have recognized that there can be legitimate concerns regarding a child’s safety while visiting politically or socially unstable regions. In determining whether the child should be allowed to travel to a particular region, courts determine what is in the child’s best interest by weighing the risks of visiting such regions against any important benefits the child will gain from the proposed travel.

If you're looking for more information on travel consent, visit out wesbsite our contact us with any questions you may have!

🌐: https://horrafamilylaw.com/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 18

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May 2/4 is coming up! It's important you and your partner and/or co-parent have a parenting plan in place! Here are a few things to consider when deciding on the proposed arrangement: ⁠
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- Be sure to plan ahead so there is no confusion as to where the children will be residing⁠
- Make the long weekends feel special for your children, even if it's small⁠
- It's almost summer so get your BBQ ready and enjoy!⁠
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If you would like to speak with one of our lawyers regarding further issues related to this topic, feel free to contact us! ⁠
⁠
🌐: https://horrafamilylaw.com/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 16

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Let's talk about Child Support:⁠
⁠
Child Support is the amount of money that one parent pays to the other parent to support their child financially. Child Support covers food, shelter and clothing. The money is paid to the parent who the child resides with primarily. The person who pays child support is called the payor parent.⁠
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The amount of child support that the payor parent pays is usually based on the Child Support Guidelines.⁠
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Visit our website for more information, or contact us with any questions you may have!⁠
⁠
🌐: https://horrafamilylaw.com/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 15

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Divorce is okay to mourn as it is experiencing a loss. Remember here at Horra Family Law we are by your side throughout the whole process. ⁠
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Family separation is an experience many families go through, and you are not alone 🤍⁠
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If you are looking for legal support regarding divorce, contact our office for a consultation 🤍 ⁠
⁠
🌐: https://horrafamilylaw.com/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 13

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$1. What are Voice of the Child Reports?⁠ ⁠ It can be challenging for children to express their views in court proceedings without being exposed to trauma or causing damage to the family. Children remain part of the family long after a judicial decision is reached. The process of determining a child’s true wishes and preferences requires care, for to undertake the process without expertise may further hurt the child and fracture family relationships.⁠ ⁠ Paragraph 24(2)(b) of the Children’s Law Reform Act provides that, in determining the best interest of the child, a court shall consider all of the child’s needs and circumstances, including “the child’s views and preferences, if they can be reasonably ascertained.” In respect of applications for custody, and access, subsection 64(1) of the Children’s Law Reform Act states:⁠ ⁠ Child entitled to be heard⁠ ⁠ In considering an application under this Part, a court where possible shall take into consideration the views and preferences of the child to the extent that the child is able to express them.⁠ ⁠ Courts, administrative authorities and legislative bodies have a duty to recognize, advance and protect their interests. When children are the subject of a custody dispute or child protection proceedings, they are at their most vulnerable…⁠ ⁠ A Voice of the Child “VOC” report is not a full assessment. It is a report on what the child states as his or her views and preferences, usually based on two interviews brought separately by each parent. There is no assessment of, or recommendation made about, the child’s best interest. The reports are usually prepared by mental health professionals, but lawyers may also prepare the reports. It is common practice (but not universal) for the child to be offered confidentiality and an opportunity to review the VOC report. Children also may be provided the opportunity to consent to the release of the VOC report.⁠ ⁠ VOC reports are cost-effective, child-focused reports that record a child’s views and preferences for the court in a far simpler and quicker way than a full assessment report.⁠ ⁠ continued in comments...👇$

1. What are Voice of the Child Reports?⁠
⁠
It can be challenging for children to express their views in court proceedings without being exposed to trauma or causing damage to the family. Children remain part of the family long after a judicial decision is reached. The process of determining a child’s true wishes and preferences requires care, for to undertake the process without expertise may further hurt the child and fracture family relationships.⁠
⁠
Paragraph 24(2)(b) of the Children’s Law Reform Act provides that, in determining the best interest of the child, a court shall consider all of the child’s needs and circumstances, including “the child’s views and preferences, if they can be reasonably ascertained.” In respect of applications for custody, and access, subsection 64(1) of the Children’s Law Reform Act states:⁠
⁠
Child entitled to be heard⁠
⁠
In considering an application under this Part, a court where possible shall take into consideration the views and preferences of the child to the extent that the child is able to express them.⁠
⁠
Courts, administrative authorities and legislative bodies have a duty to recognize, advance and protect their interests. When children are the subject of a custody dispute or child protection proceedings, they are at their most vulnerable…⁠
⁠
A Voice of the Child “VOC” report is not a full assessment. It is a report on what the child states as his or her views and preferences, usually based on two interviews brought separately by each parent. There is no assessment of, or recommendation made about, the child’s best interest. The reports are usually prepared by mental health professionals, but lawyers may also prepare the reports. It is common practice (but not universal) for the child to be offered confidentiality and an opportunity to review the VOC report. Children also may be provided the opportunity to consent to the release of the VOC report.⁠
⁠
VOC reports are cost-effective, child-focused reports that record a child’s views and preferences for the court in a far simpler and quicker way than a full assessment report.⁠
⁠
continued in comments...👇 ...

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May 12

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Q&A: No, you do not have to appear before a judge. The term divorce simply refers to the “paper process” of exchanging your marriage certificate for a Divorce Order.⁠
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To learn more, check out our blog! ⁠
⁠
🌐: https://horrafamilylaw.com/category/family-law-articles/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 9

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Let our family help yours! ⁠
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Here at Horra Family Law, we prioritize family connections. We know and understand the importance of taking care of our loved ones, as we ourselves are family. ⁠
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If you're looking for legal support, be sure to contact us today. We offer free consultations! ⁠
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🌐: https://horrafamilylaw.com/⁠
📞: (416) 840-1475⁠
✉️: info@horrafamilylaw.com ...

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May 8

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Happy Mother's Day 🤍⁠
⁠
Today we are celebrating all of the hard-working and dedicated mothers! We are so grateful to all of the moms and mother figures in our lives and we hope each and every one of you are able to take today to celebrate yourself 🌷 ...

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