Do I need the other parent's consent to travel outside Canada with my child from BC?
This answer covers the law of British Columbia.
Whether you need the other parent's consent depends mostly on whether they are a guardian and on what your agreement or order says. Each parent is generally a guardian of the child, and separation alone does not end that. Unless an agreement or order says otherwise, each guardian may exercise parental responsibilities after consulting the other guardians, unless consulting would be unreasonable or inappropriate.
Applying for a child's passport is a parental responsibility, so it falls to guardians as an agreement or order allocates it. If consent to travel is refused, a guardian can apply to court for an order deciding the issue, either through directions under s. 49 or a parenting order under s. 45. A court may also order that a person not remove a child from a specified area.
What a travel consent letter must say is usually a matter of airline and border requirements, so check the rules for your destination and carrier. A letter naming the child, the trip dates, the destination and the other guardian's contact details is a common practical approach. A lawyer can confirm how your agreement or order applies.
Key takeaways
- Separation alone does not end a parent's guardianship, so the other parent is often still a guardian whose input matters.
- Unless an agreement or order says otherwise, guardians consult each other before exercising parental responsibilities, unless consulting would be unreasonable or inappropriate.
- If consent to travel is refused, a guardian can apply to court for directions under s. 49 or a parenting order under s. 45.
- Letter wording and travel documents are usually set by airlines and border officials, so check their rules for your destination.