When a Travel Consent Letter is Necessary
If you are a separated parent who wants to travel with your child, it is important to consider whether you require your former partners consent to do so. Obtaining consent for travel is usually achieved through a travel consent letter. A travel consent letter is absolutely necessary when a child is traveling internationally without one or both of their parents or legal guardians. While not legally mandated in Canada, it is strongly recommended as it may be requested by immigration officials, airline staff, border agents, or Canadian authorities upon re-entry. For those in Ontario, the letter serves as proof that the child has permission to travel, helping to prevent child abduction. Make sure to get the proper travel consent letter Ontario authorities may inquire about in order to avoid any issues.
A consent letter should be used when a child is traveling:
- Alone
- With only one parent or guardian
- Under the care of friends or relatives
- As part of a school, sports, musical, or religious group
Even for day trips or partial travel arrangements (IE leaving Canada with both parents but returning with only one), a consent letter is recommended. The accompanying person should always carry the original signed letter rather than a copy, in case there is any question as to its authenticity.
International Travel and Legal Considerations
Unfortunately, countries have their own entry and exit requirements for children so there is no guarantee that a travel consent letter will be accepted. In some jurisdictions, a child may be considered a citizen based on a parent’s nationality and could be subject to additional requirements. It is essential to research the specific regulations of your destination, which should be available via the Government of Canada’s Travel Advice and Advisories.
For parents with shared decision-making responsibility (formerly known as custody), additional steps may be required before traveling internationally. The separation agreement or court order may contain specific restrictions or consent requirements. It is crucial to review this agreement before making travel arrangements. In some cases, written permission from the other parent may be needed. in others, the travelling parent may have to provide an itinerary to the other party, detailing the flight and accommodation information well ahead of the travel date.
Parents with sole decision making should also carry supporting documents, such as a long-form birth certificate identifying them as the only parent or a copy of a court order granting them full decision-making responsibility. If the other parent is deceased, a death certificate should be brought.
Drafting a Travel Consent Letter
There are no official guidelines for the format of a consent letter, but it typically includes:
- The child’s full name
- The names and contact details of the parents or guardians
- The name and relationship of the accompanying person
- The destination and duration of travel
A single letter can be signed by both parents, or separate letters can be issued to be signed by each party. If siblings are traveling together, they may be listed on one letter, but separate letters are recommended if they will be traveling separately for any part of the trip.
To further ensure a smooth process, parents should bring additional documentation if applicable:
- Decision-Making Agreement/Parenting Plan: An agreement signed and witnessed by both parents which specifies the legal rights and responsibilities of each parent regarding travel.
- Court Orders: Ensure to bring with you any current Court Orders which include specific conditions or obligations for international travel.
- Separation Agreement: Could outline travel arrangements and mutual consent requirements.
Consider Notarization of your Travel Consent Letter
Although any adult may witness the signing of a travel consent letter, it is preferable that a notary public witness and sign the document. Notarization provides credibility and ensures that the document will be more readily accepted by authorities. A notary public serves as an impartial witness to verify the authenticity of the signatures, reducing the risk of complications during travel.
Communication and Planning
Open communication with the other parent is key to avoiding conflicts. If traveling with children post-divorce, discuss the trip in advance and provide details such as dates, destinations, accommodations, and contact information. Establish a plan for how the child will stay in touch with the non-traveling parent and confirm return arrangements, including the date, time, and details of when they will see the child again. If you anticipate that your former partner may refuse consent unreasonably, it is recommended that you speak to an experienced family law lawyer as you may have the option of brining a motion on the travel consent issue.
By taking the necessary precautions and preparing the appropriate documents, you can help ensure a hassle-free journey for you and your child. If you need assistance in drafting a travel consent letter or verifying your legal requirements, consult a legal professional for guidance.
Need Help Preparing a Travel Consent Letter?
Whether you’re planning an international trip with your child or navigating shared custody arrangements, ensuring the proper travel documentation is essential. At Progressive Legal Solutions, we can help you draft a legally sound travel consent letter and advise on any court order or agreement requirements. Avoid last-minute stress and protect your travel plans—contact us today for a consultation and travel with peace of mind.
Written By Caidan Ubell