Do You Need the Other Parent's Consent for a Child's Passport in BC?

You are separated or divorced, and your child needs a passport. Maybe a trip is coming up, or you are thinking about a move. Then comes the question that stops many parents: do you need the other parent to agree, and what happens if they will not sign?

The answer depends on your court orders or agreements, and on how guardianship works in British Columbia. This article explains the general rules for a child under 16, what to do when the other parent will not cooperate, and what tools a worried parent may have. Passport policy can change, so always check canada.ca before you apply.

This article covers the law of British Columbia.

Who can apply for a child's passport

Under the Canadian Passport Order, a passport for a child under 16 may be issued to an applicant who is the child's parent, the custodial parent if the parents are divorced or separated, or the child's legal guardian.

For a separated or divorced applicant, Canada.ca requires that you be the parent who has custody of or decision-making responsibilities over the child. It also requires you to submit all legal documents with custody, decision-making, access, parenting time or mobility clauses, including any specific passport clause.

In BC, each parent is generally a child's guardian, both while living together and after separating. There are exceptions. A parent who has never resided with the child is not a guardian unless a parentage provision applies, all the guardians agree, or the parent regularly cares for the child. An agreement or order made around separation may also provide that a parent is not a guardian.

Why the other parent's signature matters

Canada.ca says all parents or legal guardians should sign the child passport application, and Service Canada may contact the other parent. So even if you are entitled to apply, the other parent may hear about it.

If both parents cannot sign, the applicant must contact the Passport Program for instructions. Do not simply leave the signature line blank and hope for the best. Explain the situation and ask what they need from you.

When a passport will not be issued or may be refused

The Passport Order sets out situations where a child's passport shall not be issued:

• A court order or separation agreement gives the non-custodial parent access rights, unless your application includes evidence that issuing the passport is not contrary to those terms.
• A court order restricts the child's movement to a judicial district, unless that order has been varied or revoked.

Separately, the Minister may refuse to issue a passport to a child under 16 if there are reasonable grounds to believe refusal is in the child's best interest. Because the rules may have been amended or applied differently in practice, confirm the current position on canada.ca.

Tools for a parent worried about the child being taken away

If you are the parent who fears a passport will be used to remove your child, BC law offers protective steps. On application, a BC court may order that a person not remove a child from a specified geographical area.

If the court is satisfied a person is planning to remove a child from BC and is unlikely to return the child, it may order that person to give security, surrender passports and travel records, transfer property to a trustee, or pay child support to a trustee.

These removal orders do not apply to a relocation as defined in the Family Law Act. Relocations are dealt with under the separate relocation rules. Whether a planned move counts as a relocation turns on its effect on the child's relationships, not on a set distance. A lawyer can help you work out which route fits.

What to do next

• Read your court order or separation agreement for parenting time, access, mobility and passport clauses.
• Gather every legal document with custody, decision-making, access, parenting time or mobility clauses, including any specific passport clause, since Canada.ca requires them for separated or divorced applicants.
• Ask the other parent in writing to sign, and keep a record of the request.
• If both parents cannot sign, contact the Passport Program for instructions.
• If you fear removal of the child from BC, speak to a family lawyer promptly about a court order.
• Check canada.ca for current passport requirements before you submit anything.

Frequently asked questions