Can I Travel Out of Canada with My Kids After Separation or Divorce?

Traveling with your children for vacation or visiting relatives is a core part of their childhood memories. Trips out of Canada with your kids after a separation or divorce can be complex but understanding the rules and steps can make the process smoother. 

The most important preparation for traveling abroad is obtaining consent from the child’s other legal guardian. We hope this blog will help you feel prepared for a stress free journey with your kids. 

Parenting time agreements refers to the legal rights of parents to make decisions for their children. It includes physical custody (where the child lives) and legal custody (decision-making power). When planning to travel, you must know how your custody arrangement affects your ability to take your child out of the country.

1. Start by checking your parenting agreement. It may contain specific clauses about traveling with your child.
2. If you share custody, you need the other parent’s written consent. This consent should include travel dates, destination, and contact information.
3. If the other parent refuses consent, you can seek a court order. Ontario family court will only consider your child’s best interests before granting permission.

Having written consent helps prevent legal issues at border crossings. It provides proof that both parents agree to the travel arrangements and you won’t face delays or denials.

Benefits of Written Consent

• Prevents disputes and ensures compliance with custody agreements.
• Reduces the risk of being stopped or questioned by authorities.
• Children don’t feel divided or guilty for causing issues between parents. 

Child support and parenting time are interconnected. Before traveling, ensure that you are up to date on your child support payments. Non-payment can lead to legal issues, including travel restrictions.

Challenges of Traveling with Unpaid Child Support

• Non-payment can result in being barred from traveling.
• It can increase tension between parents, affecting future agreements.

When traveling internationally, you must take these steps to ensure a smooth trip.

1. Check Passport Validity : Ensure your child’s passport is valid for the entire duration of the trip. If your child does not have a passport, apply for one. Make sure you have all the necessary documents.
2. Visit Travel Advisories : Check the destination country’s entry and exit requirements. Some countries may have specific rules for traveling with children.
3. Carry Essential Documents : Bring copies of the custody agreement, written consent, court order (if applicable), and the child’s birth certificate.

If you’re unsure about the process or face resistance from the other parent, you can seek legal advice. As your family lawyer, we ensure your travel plans stay compliant with parenting agreements and child support obligations.

• Government Websites : Visit Canada’s Family Law page for comprehensive information on custody and support.
• Travel Resources : The Government of Canada’s Travel Advice and Advisories page offers updated information on international travel.

Our family lawyers in Brampton who are here to support you. Book a free first consultation with us today. (up to 15 minutes only).

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