Travelling With Children After a Separation
As we approach the holiday season, many parents will be planning trips to visit family or escape the Alberta chill. A common question that arises during a separation or divorce is “how do I travel alone with my children?” There are several considerations parents should consider when planning a trip with their children during a separation.
Two important considerations are the difference between parenting time and decision-making responsibility. Parenting time refers to the schedule parents follow for spending time with their child. Parenting time can be formalized in a parenting order from a court, a separation agreement, or could be agreed between the parents. Decision making responsibility, on the other hand, refers to a parent’s authority to make significant decisions about their child’s life, including travel and passports.
If there is a parenting order or separation agreement in place, it will likely speak to both parenting time and decision-making responsibility. The travelling parent must ensure that they abide by the terms of any orders or agreements. Many parenting orders and agreements will speak directly about travelling with children, including when each party is permitted to travel, what information they need to provide the other parent, and how much notice is required for travel.
Next, obtaining a travel consent letter is extremely important. If a parent plans on travelling internationally with their child, they should provide a travel consent letter to the other parent for their signature and to be notarized. While not technically required by law, a parent travelling without a travel consent letter may be refused entry by immigration officials. These rules are in place to prevent child abduction.
A template travel consent letter can be found on the Government of Canada website (https://travel.gc.ca/docs/child/consent-letter-2123.pdf). The letter should include the full names and contact information for both parents, travel itinerary, the child’s full name, date of birth, and passport number, a statement of consent, and the signature of the non-travelling parent.
It’s important to note that even if no parenting order is in place, or if the travelling parent has primary care of the child, the travelling parent should still obtain a travel consent letter to avoid being denied entry into their destination country. If the travelling parent has sole decision-making responsibility for the child pursuant to a court order, that parent should bring a copy of the court order in lieu of a travel consent letter. If the whereabouts of the non-travelling parent are unknown, the travelling parent should obtain a court order indicating this, which can be presented in lieu of a travel consent letter.
Failing to obtain the other parent’s consent or notifying them about proposed travel with a child can have serious legal consequences. On the other hand, a non-travelling parent unreasonably withholding consent for the child to travel or refusing to hand over the child’s passport can also have serious legal consequences. For more information, please contact a family lawyer.
