Can our separation agreement address international travel with the children in Ontario?

Yes, and it is a good idea to do so. Ontario family courts strongly encourage parenting plans to address international travel because disputes about taking children out of the country can escalate quickly and are harder to resolve after the fact.

A separation agreement can include provisions specifying how much notice one parent must give before taking the children out of the country, whether the other parent's written consent is required for international travel, what documentation must be provided (travel itinerary, contact information, accommodation), and how disputes about travel will be resolved.

Canada does not have an automatic process for tracking the departure of children from the country with one parent. However, if a parent takes a child out of Canada without consent and the other parent has parenting rights, the Hague Convention on International Child Abduction applies between Canada and many countries, enabling a process to secure the child's return. Not all countries have signed the Hague Convention, which is why prevention — through a clear agreement — is important.

A parenting plan that includes travel provisions provides both parents with certainty and reduces the risk of a child being removed in circumstances the other parent did not anticipate.