With the arrival of summer and holidays, it is highly likely that you are planning a seaside vacation with your family. However, if you have children and you are separated from the other parent, you will need to make sure that you have completed all the necessary steps before planning a trip outside of Canada with your children.
Indeed, if you are thinking of traveling outside the country with your children, you will most likely need to obtain authorization from your ex-spouse beforehand. What does the travel authorization request consist of? Why is it necessary?
To ensure that you are well prepared, JuriGo explains everything you need to know about travel authorization for children abroad!
Why is it necessary to obtain travel authorization for a child to go abroad?
Why do you need to get the other parent's consent to travel with your child outside the country? The answer is quite simple: it's because of the other parent's parental authority .
The decision to travel outside the country is a prerogative of the other parent that they hold by virtue of their parental authority, even if you have the exclusive custody of your child.
Parental authority is a concept with which you are undoubtedly familiar as a parent. Therefore, you know that your child is under your authority and responsibility until they reach the age of majority, or until their emancipation.
This means that you hold parental authority, that is all the rights and duties of parents towards their child in terms of their custody, supervision and education. You also have the duty to feed and maintain your child, what is referred to as the parent's alimentary obligation towards the child.
It is important to know that parental authority goes beyond simply taking care of your child. Thus, the parent who does not have sole custody of their child does not lose their parental authority, they retain it and can continue to make decisions on matters related to the child.
Indeed, in Quebec law, even when a parent is granted sole custody of the child, the other parent will still retain the other attributes of parental authority. Therefore, you are obliged to consult the other parent before making important decisions related to the child.
What constitutes an important decision related to the child? There are many examples: the choice of school, religious education, or... a trip abroad!
Thus, it is necessary for you to consult the other parent before planning a trip outside of Canada with your child, and to obtain their agreement.
How to obtain travel authorization for a child to go abroad?
If you obtain the other parent's agreement to travel with your child abroad, it is strongly recommended to put this agreement in writing. The Government of Canada recommends that you travel with the written authorization of the other parent, especially to avoid any unpleasant surprises at customs.
Written permission to travel abroad with the child
Before undertaking a trip abroad with your child, make sure you have the written consent of the other parent with you. You should have your ex-partner sign an authorization to travel alone with the child. In this document, it is recommended to include the following information:
- The name and date of birth of the child;
- Your name and address;
- The name and address of the other parent;
- The expected departure and return dates of the trip;
- The destination(s) of the trip;
- The validity dates of the authorization;
- Your signature and that of the other parent.
It is recommended to consult a family law attorney to get help in the writing of a travel authorization. The lawyer can help you ensure that the document complies with the requirements of the law and that it includes all the necessary information.
The general authorization to travel abroad with the child
If you plan to travel frequently outside the country with your child, it may be more convenient to ask the other parent for a general travel authorization with your child, through a court-approved agreement.
This option would allow you to avoid having to obtain a new authorization for each trip you plan, since you would have agreed with the other parent to allow each other to travel with the child without requiring the other's prior authorization.
If you choose this option, you can present your approved agreement to customs at the very beginning of your trip, and they will consider it as an authorization from the other parent. It is recommended to include an English translated version in your general travel authorization agreement.
What happens if you don't get along with the other parent?
If you can't get along with the other parent about your planned trip with your child, or if the other parent refuses to sign the travel authorization, you can go to court to resolve the issue.
In such a scenario, the judge will hear the arguments of each parent regarding the planned trip. Generally, if there is no serious reason opposing the trip, the judge will grant the authorization to travel with the child. In this case, the court's judgment will serve as a travel authorization with the child.
In some more particular cases, the court may even grant a parent a general authorization to travel with the child. For example, a case can be considered where the other parent is unstable or very difficult to reach, or if the court has already been seized several times, without serious reasons for opposition, for travel authorizations.
JuriGo helps you find a family law attorney for your child's travel authorization abroad!
Finally, it is important to know that no matter whether you have sole or shared custody of your child, it is necessary to discuss your travel plans with the other parent before finalizing everything. To do this, it is recommended that you start weeks, or even months in advance, to ensure you obtain the other parent's consent in time.
Thus, if the other parent refuses to sign the travel authorization, you will have enough time to contact a family law attorney and get advice to resolve the disagreement and, if necessary, go to court to make a decision on this.
It is therefore essential not to leave it to the last minute before starting the process to travel abroad with your child.
Indeed, if you need to contact a family law attorney as soon as possible, JuriGo is here to help you! We can put you in touch with one of our many partner family lawyers to assist you with any questions related to child travel authorization abroad.
All you have to do is fill out the form at the bottom of the page, and we will take care of the rest! This contact is free and does not commit you to anything, so don't waste any more time!