Travelling with your child after separation or divorce often requires more planning than simply booking flights and packing luggage.

Parents may need to consider parenting agreements, court orders, travel consent letters, passport arrangements, and whether the other parent should be notified or provide consent before an international trip.

Every family is different. Some parents communicate easily and routinely agree on travel plans. Others may have detailed court orders or parenting agreements that establish specific requirements before a child leaves Canada.

Understanding your legal arrangements before making travel plans can help avoid unnecessary conflict and last-minute disruptions.

Does a Separated Parent Need Permission to Travel?

There is no single answer.

Whether a parent needs the other parent's agreement depends on the family's circumstances and the legal arrangements governing the child's care.

Relevant considerations may include:

• a parenting agreement;

• a parenting order;

• who has decision-making responsibility;

• whether the order addresses international travel;

• whether advance notice is required; and

• whether the trip is consistent with the child's best interests.

Many parents mistakenly assume they automatically need written permission simply because they are separated. Others assume they never do.

Neither assumption is always correct.

Start by Reviewing Your Parenting Agreement or Court Order

Before booking travel, carefully review any existing parenting agreement or court order.

Some documents contain specific provisions dealing with:

• international travel;

• notice requirements;

• passport possession;

• travel dates;

• destination restrictions;

• emergency contact information; and

• written consent.

Your parenting documents should always be your starting point.

If the terms are unclear, obtaining legal advice before finalizing travel plans may help avoid future disputes.

Understanding Decision-Making Responsibility

Under Alberta family law, parents may have different arrangements regarding decision-making responsibility.

Some parents make major decisions jointly.

Others may have one parent with primary or sole decision-making responsibility for certain issues.

Travel may be affected by those arrangements, particularly where international travel has not previously occurred.

Even where one parent has greater decision-making authority, existing court orders or agreements may still require notice or consultation before travelling.

Why Communication Matters

Even where formal consent is not legally required, open communication often helps reduce conflict.

Providing information such as:

• travel dates;

• destination;

• accommodation;

• emergency contact information; and

• return date

may reassure the other parent and reduce misunderstandings.

Parents should remember that providing travel information and obtaining legal consent are not necessarily the same thing.

When Is a Travel Consent Letter Recommended?

If a child is travelling internationally with only one parent, the Government of Canada recommends carrying a travel consent letter signed by the parent who is not travelling.

A travel consent letter may help explain to airline staff and border officials that the trip has been authorized.

However, a travel consent letter does not replace a parenting agreement or court order, nor does it resolve disagreements between parents.

If you need help preparing one, read: How to Get a Child Travel Consent Letter in Alberta

What if the Other Parent Refuses to Sign?

Sometimes parents disagree about international travel.

A refusal to sign a travel consent letter does not automatically determine whether the child may travel.

The answer depends on the family's legal arrangements and the circumstances of the proposed trip.

Important considerations may include:

• the wording of any parenting order;

• the destination;

• the length of the trip;

• the reason for travel;

• the child's connections to Alberta;

• any concerns about the child not returning; and

• the child's best interests.

If agreement cannot be reached, legal advice should be obtained before making final travel arrangements.

Read next: What Happens if the Other Parent Refuses to Sign a Travel Consent Letter in Alberta?

What Information Should You Share?

Where appropriate, parents often exchange practical travel information before departure.

This may include:

• flight details;

• accommodation information;

• emergency contact numbers;

• copies of the itinerary;

• expected return date; and

• methods of contacting the child while away.

Providing this information can help maintain trust and reduce unnecessary conflict.

Don't Forget the Child's Passport

International travel also requires a valid passport.

Parents sometimes overlook practical issues such as:

• who currently has the passport;

• whether a new passport application requires both parents' involvement;

• expiry dates; and

• whether additional documentation is needed because the child has a different surname.

Addressing these issues early can prevent last-minute travel problems.

When Should You Start Planning?

International travel often requires more preparation than parents expect.

Allow sufficient time to:

• review parenting documents;

• communicate with the other parent;

• prepare a travel consent letter;

• arrange notarization if desired;

• renew passports; and

• gather supporting documents.

Waiting until the week before departure can make resolving unexpected issues much more difficult.

Common Mistakes Parents Make

Some of the most common travel-related issues include:

• assuming consent is never required;

• booking travel before reviewing parenting documents;

• failing to communicate travel plans;

• waiting too long to request a travel consent letter;

• misunderstanding what a travel consent letter actually does; and

• assuming notarization resolves parenting disputes.

Most of these issues can be avoided through early planning and clear communication.

When Should You Speak With a Family Lawyer?

Many trips proceed without any legal difficulties.

However, legal advice may be appropriate where:

• the other parent objects to the trip;

• the parenting order is unclear;

• there are concerns about international child abduction;

• there are family violence concerns;

• a passport cannot be obtained;

• one parent cannot be located; or

• the proposed travel may conflict with an existing court order.

Obtaining advice before making irreversible travel arrangements may save significant time, expense, and stress.

How Bridgestone Law Can Help

Bridgestone Law assists parents throughout Calgary and Alberta with family law matters involving parenting arrangements, travel disputes, and child travel consent letters.

Depending on your circumstances, we can assist with:

• reviewing parenting agreements;

• interpreting travel provisions in court orders;

• preparing travel consent letters;

• notarizing travel consent letters; and

• providing family law advice regarding parenting-related travel issues.

If you're unsure how your parenting arrangements affect an upcoming trip, obtaining legal advice early may help you plan with confidence.