Family Law & International Travel
It’s getting to be that time of year when people start thinking about holiday plans. Travelling with children can be a stressful endeavour at any time, but it becomes especially complicated when you and your partner are separated or divorced. Issues of passports, visas and letters of consent can make planning your travels confusing and time-consuming. Keep reading to learn more about the rules in BC and what is required to travel outside of Canada with your children.
Do you have already have a court order or written agreement?
The first step is to check any court orders or written agreements you have to see if there are any specific clauses about travelling or vacation time.
It's important to keep in mind that there may already be conditions in place that require you to provide the other parent with notice prior to any international travel or to obtain their written consent before travelling with the kids outside of BC. This is why it can be a good idea to let the other party know well in advance of booking any travel plans so that you have time to obtain any required consents.
It is common for parents who share parental responsibilities to require a letter of written consent in order to travel outside of Canada with the children. If you're unsure what a written letter of consent looks like, you can find a template on the Government of Canada website: https://travel.gc.ca/travelling/children/consent-letter
Even if the other parent doesn't have any parental responsibilities, you might still need their written consent. Unless your order specifically states that you can travel outside of Canada without the other parent’s consent, it’s better to err on the side of caution and obtain a written consent if you are able. This will save you a lot of stress and ensure you don’t get held up at immigration before your vacation.
If you're unsure what your court order or written agreement requires for travel, consult a family law lawyer to help you understand your rights and obligations.
If you Need to Get a Court Order
If you're not able to get the agreement of the other party, you might need to get a court order allowing you to travel with the kids outside of Canada without the other parent's written consent.
In British Columbia, the Family Law Act is the governing legislative framework with respect to issues of parenting responsibilities and parenting arrangements, which includes travel and vacation time. If you do need to seek a court order in order to travel with your kids, remember that per s.37(1) of the Family Law Act, the court must prioritize the best interests of the child when making any decision that affects them.
This includes considering any travel advisories that could impact the child's safety and welfare, the purpose of the trip, the child's preferences, whether the trip impacts the other parent's parenting time and even the risk of the child not being returned to Canada.
Passports & Visas
You’ve got the other parent’s consent: now what? You need to make sure you have all the required documents for travel. If you need to apply for your child’s passport or visa, this process can also be a more complicated issue when you’re separated.
If one parent has sole parental responsibilities, that parent is the only one who can apply for the child’s passport. If both parents have shared parental responsibilities, either party can apply for the passport but both parents must sign the application form. The government also requires you to submit all documents relating to parental responsibilities, guardianship, access, parenting time, etc.
For more information about what documents are required to apply for your child’s passport, check out the Government of Canada website: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/child-passport/documents-submit.html
Conclusion
In short, here are some important questions to keep in mind when making your travel plans this holiday season:
1. Is your trip planned during your scheduled parenting time?
2. Do you have the agreement of the other parent?
3. Have you provided the other parent enough notice and an itinerary of your trip?
4. Do you have all the required documents? (passport, visa, consent letter, etc.)
If you have any questions about any of these travel related issues, contact us at 604-746-3374 or send us an email at info@mpeaklaw.ca to book a consultation.
