Can the other parent take my child out of Canada without my consent in Alberta?
This answer covers the law of Alberta.
Whether the other parent can take your child out of Canada depends on your order or agreement, and the passport is often the practical gatekeeper. For a child's passport, all parents or legal guardians must participate and sign the form. Where a court order or agreement exists, only the person with decision-making responsibility can apply, and they must provide the legal documents, including any clause about the child's passport.
The exception is shared decision-making: if parents share custody or decision-making responsibility under an order or agreement, either parent can apply alone. Where a divorce action has started, parenting falls under the Divorce Act instead. If your order was made under the Family Law Act and the other parent will not give signed consent for travel, you can apply to vary it using a Claim – Family Law Act, a Statement – Vary Parenting and an Affidavit of Service – Applicant.
If you fear a trip may not end with your child coming home, get your order reviewed promptly. How this applies abroad depends on your situation, so confirm with a lawyer. If a child is not returned after a visit, the court can order police to find and return the child.
Key takeaways
- For a child's passport, all parents or legal guardians must participate and sign the form.
- Where an order or agreement exists, only the person with decision-making responsibility can apply, and they must provide any clause about the child's passport.
- If parents share custody or decision-making responsibility under an order or agreement, either parent can apply for the passport alone.
- If your parenting order was made under the Family Law Act and the other parent will not give signed consent for travel, you can apply to vary it, but where a divorce action has started, parenting is dealt with under the Divorce Act instead.