Planning an international trip with your child can quickly become stressful if the other parent refuses to sign a travel consent letter.

Many parents assume that a refusal automatically means the trip cannot happen. Others believe they can simply travel without the other parent's agreement.

In reality, neither assumption is necessarily correct.

Whether a child can travel depends on the family's legal arrangements, including any parenting agreement or court order, the circumstances of the proposed trip, and the child's best interests.

Understanding these issues before making travel plans can help avoid unnecessary conflict, cancelled trips, and expensive last-minute legal proceedings.

Does a Parent Have the Right to Refuse?

Sometimes.

Whether a parent can object to international travel depends on several factors, including:

• who has decision-making responsibility;

• the wording of any parenting agreement;

• the terms of any parenting order;

• whether consent is specifically required for international travel; and

• the circumstances of the proposed trip.

A parent's refusal is not automatically unreasonable simply because the trip is a vacation.

Likewise, a refusal does not automatically prevent travel.

Start With Your Parenting Agreement or Court Order

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

Some agreements specifically address:

• international travel;

• advance notice requirements;

• written consent;

• passport possession;

• travel outside Canada;

• exchange of itineraries; and

• emergency contact information.

If your existing legal documents already answer the question, they should guide your next steps.

Why Might a Parent Refuse to Sign?

Not every refusal is motivated by conflict.

A parent may have legitimate concerns, such as:

• uncertainty about the itinerary;

• lack of travel details;

• concerns about the child's safety;

• concerns that the child may not be returned to Canada;

• financial issues affecting the trip;

• previous disagreements about parenting; or

• inadequate notice before departure.

In other situations, the refusal may simply reflect a breakdown in communication between the parents.

Understanding the reason for the refusal is often the first step toward resolving the issue.

Can Better Communication Resolve the Dispute?

Often, yes.

Many disagreements arise because one parent feels they have not been given enough information.

Providing clear details about the trip may help address concerns, including:

• travel dates;

• destination;

• accommodation;

• flight information;

• emergency contact information;

• who will accompany the child; and

• when the child will return.

A travel consent letter should never come as a surprise the day before departure.

Providing information well in advance often gives parents the opportunity to ask questions and discuss any concerns.

Does a Travel Consent Letter Override a Court Order?

No.

A travel consent letter records permission for a particular trip.

It does not:

• change a parenting agreement;

• replace a court order;

• give a parent additional legal rights; or

• resolve an existing parenting dispute.

Parents should never assume that a signed travel consent letter overrides the terms of an existing court order.

What If You Cannot Reach an Agreement?

If parents cannot resolve the issue themselves, the next steps will depend on the family's legal arrangements.

In some situations, obtaining legal advice early may help clarify:

• what your parenting documents require;

• whether additional information should be provided;

• whether negotiation or mediation may be appropriate; and

• whether a court application should be considered.

The appropriate approach varies from one family to another.

What Might a Court Consider?

Where a dispute cannot be resolved and a court application becomes necessary, the court's primary consideration is the best interests of the child.

Without discussing the outcome of any particular case, factors that may become relevant include:

• the purpose of the trip;

• the destination;

• the length of the trip;

• the child's relationship with each parent;

• the proposed travel dates;

• the likelihood that the child will return to Alberta;

• any history of family violence;

• any concerns regarding child abduction;

• compliance with previous court orders; and

• any other circumstances relevant to the child's best interests.

The court does not simply decide whether a vacation sounds reasonable. It considers the broader legal and factual context.

What Should You Avoid Doing?

Parents sometimes make decisions that create larger legal problems.

Generally, it is wise to avoid:

• booking non-refundable travel before resolving legal issues;

• assuming silence means consent;

• signing another parent's name;

• creating or altering documents;

• withholding travel information; or

• ignoring the terms of an existing parenting agreement or court order.

Taking time to understand your legal obligations before travelling can help avoid unnecessary disputes.

When Should You Speak With a Family Lawyer?

Legal advice may be appropriate where:

• the other parent refuses to sign;

• the parenting agreement is unclear;

• there is no parenting agreement or court order;

• travel is approaching quickly;

• there are concerns about international child abduction;

• the child has dual citizenship;

• a passport cannot be obtained; or

• previous travel disputes have occurred.

Seeking advice early often provides more options than waiting until immediately before departure.

Can Bridgestone Law Help?

Yes.

Bridgestone Law assists parents throughout Calgary and Alberta with family law matters involving parenting arrangements and international travel.

Depending on your circumstances, we can assist with:

• reviewing parenting agreements;

• interpreting travel-related court orders;

• advising on travel disputes;

• preparing travel consent letters; and

• notarizing travel consent letters where appropriate.

Our goal is to help parents understand their legal obligations and make informed decisions before travelling.