School’s out, the kids are home, and it’s the season to plan a much-needed vacation. For separated or divorced parents, making travel arrangements can sometimes be challenging if not everyone is on the same page.

Here are some of the most important considerations for separated or divorced parents when they make travel plans or are travelling with their kids.

Travel with a Parenting Order or Parenting Plan

If you have a parenting order, check to see if there are already instructions on vacation time. For example, are there already set vacation dates that each parent should follow each year? If there are no set dates, they may indicate how long each parent can take for travel without requiring additional consent from the other parent. Or, perhaps the order is entirely silent on vacation.

Another thing to keep an eye out for is whether your Order restricts travel with children to only domestic destinations or permits international travel as well, without requiring additional prior consent from the other parent.

It’s essential to note that certain conditions may be required when travelling with children, which can include notice obligations by a specific date, obtaining written consent, and providing comprehensive information regarding flights, accommodations, contact details, and travel dates.

Travel Consent Letters are important!

Even when travel is permitted or consented to, it’s generally a good idea to have a travel consent letter handy that is signed by the other parent, even if the Order doesn’t say you need one. It shows the airline staff and immigration authorities that both parents have consented to the travel plans with the children. The last thing you want is to be stuck at a border trying to convince someone that you’re allowed to travel at the start of your holidays! The letter typically outlines travel details and is witnessed or notarized.

Need a travel consent letter?
You can find a template for a travel consent letter on the Government of Canada website.

If the other parent is not entitled to any parenting time or does not have decision-making authority according to a Court Order, don’t assume you don’t need his or her consent for travel. Unless the Order specifically dispenses with consent, it’s better to be safe than sorry and have that travel letter handy! If you’re unsure if you need a letter, feel free to reach out to one of our family lawyers, who can review your Order and give you some guidance.

Travel Planning Tips for Separated or Divorced Parents

Things you should consider:

1. Is your trip planned during your scheduled parenting time?
2. Have you given the other parent enough notice?
3. Do you have all the required documents? (passport, consent letter, parenting order)

If you are travelling internationally, obtaining a passport can be challenging if one parent refuses to sign off. A court order may be necessary in this case.

Whether you have a Parenting Order or not, you may wish to consult with a lawyer who can advise on your travel plans.

For more information or assistance with any of the information above, please contact us today.

Written by SVR Family Lawyers.