You can protect your children and avoid delays while travelling. You always need certain documents when you cross international borders. When you are divorced, you may need more documents.
What documents do I need?
Passport: All children need a passport, no matter how old they are. Contact Passport Canada for information on how to apply. There are new rules on passport applications for children under 16 years. To travel, a child’s passport must be current. Some countries require that a passport not expire within 6 months of the travel date. Check with your destination country to make sure the passport meets their current rules.
Consent letter: If your child is travelling alone or with only one parent or guardian, they should carry a consent letter. A letter is recommended for any child younger than 19. A child younger than 19 is called “a minor.”
If the child is travelling with only one parent or guardian, the consent letter should be signed by the other parent.
If the child is travelling alone, the consent letter should be signed by both parents. If you have a court order or registered agreement that says the other parent’s consent is not required, the child should have a copy of that document as well.
Airlines can stop a child travelling alone from boarding if they don’t have a consent letter. If the child is travelling internationally, officials at their destination border can stop them from entering the country. Here is more information about consent letters including a sample (Foreign Affairs Canada). Check with your family lawyer for help drafting a consent letter.
Separation documents (court orders or agreements): You should carry a copy of your separation documents or court order giving you rights to travel with a child. The documents are important whether or not you have care of your child, including decision-making responsibility, parenting time, or are the legal guardian.
Check court orders and agreements between you and your ex-spouse to ensure there are no limits on taking your child out of the province or country. If you are not sure, get legal advice.
Do not make final travel plans until you have all the documents and consent you need. As you plan your trip abroad, give yourself enough time to deal with possible document delays. Follow public health restrictions for travel.
Legal advice: You should get legal advice before your child leaves Canada if you think you and their other parent may disagree about decision-making responsibility or parenting time. Other countries may not recognize your parenting arrangements.
What if my child’s other parent refuses travel consent?
Depending on your parenting arrangement and travel plans, you may need to apply to the Supreme Court (Family Division) for travel permission. Sometimes these orders are related to one travel event, such as a holiday trip. Other times they relate to more regular family visits in another country.
A family court worker can help you fill in forms asking a judge for a permission to travel order. Remember that family court is quite busy, so you should make your application many months before you plan to travel.
What if the other parent takes the children out of the country without permission?
What response would be appropriate depends on:
- whether you have a court order or agreement and what it says about travel
- whether the other parent attempted to get consent from you and, if so, when they did that and how
- what reasons you have for withholding consent to travel
- the purpose and duration of the trip
- whether the travel plans interfere with the parenting schedule or important activities in the child's life
- whether there is a good reason to suspect that the other parent may be attempting to move with the children to whatever country they're travelling to.
If you think their decision to travel without your consent needs a legal response, consult a family lawyer to get their opinion about what that response should be based on the circumstances of your case.
There is a specific procedure that a parent is supposed to follow if they want to move to another country with their children after separation. Go here for more information about that.
If you think the parent is trying to move the children to another country without following the proper procedure, consult with a family lawyer immediately. You can find information about this topic in International Child Abductions: A Manual for Parents. The Canadian Public Prosecution Service also has information about parental child abduction, including on the Hague Convention on International Child Abduction.
More information
Last reviewed: February 2022