Getting a Child's Passport in Alberta When Parents Are Separated

A child's passport is simple when parents are together. After separation it can become a sticking point, especially if one parent is worried about travel or the two of you are not communicating well.

This guide explains who normally has to sign, how decision-making responsibility and guardianship affect who can apply, and what your options are in Alberta if the other parent will not cooperate.

This article covers the law of Alberta.

Who has to sign a child's passport application

As a starting rule, all parents or legal guardians must take part in the application and sign the form. How this applies to your family after separation depends on your situation, so it is worth confirming with a lawyer.

The rule changes where a court order or agreement exists. In that case, only the person with decision-making responsibility can apply, and you must provide all valid legal documents on custody, decision-making, parenting time, mobility, or any clause about the child's passport.

There is an important exception. If parents share custody or decision-making responsibility under an order or agreement, either parent can apply alone for the child's passport.

How decision-making responsibility and guardianship decide who counts

Under the Divorce Act, decision-making responsibility means the responsibility for making significant decisions about a child's well-being. It can be given to one spouse, to both spouses, or to a person other than a spouse who is a party to the application, so it can be sole or joint and can be divided by subject.

In Alberta, the ability to make decisions about a child is tied to guardianship, not parentage status. A guardian under the Family Law Act is a guardian for all legal purposes, and in most cases a child's parents are also guardians. A birth mother is already a guardian.

A parent who is not the birth mother may be a guardian automatically, for example if they lived with the mother for at least 12 months including when the child was born, or were married to her when the child was born. Other routes exist, including a court order or a written deal with the other parent saying they are a guardian. A parent who is not a guardian can apply for a Guardianship Order. Whether you qualify depends on your facts, so a lawyer can confirm.

Day-to-day decisions and your right to information

Unless the court orders otherwise, the person who has parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. Whether a passport application falls within that category depends on your order or agreement, so check what it says and confirm with a lawyer if it is unclear.

Unless the court orders otherwise, a person with parenting time or decision-making responsibility may request information about the child's well-being, such as health and education, from the other person who has it or from third parties.

If the other parent will not sign

If you have a Family Law Act parenting order made in Alberta and want to travel with the child but the other parent will not give signed consent, you can apply to vary the order. This uses Claim – Family Law Act, Statement – Vary Parenting and Affidavit of Service – Applicant.

Where a divorce action has started, parenting is dealt with under the Divorce Act instead, and the Family Law Act cannot be used for a matter already dealt with under the Divorce Act. A court can make a parenting order on application by a spouse under the Divorce Act.

Under the Divorce Act, the court considers only the child's best interests, with primary consideration to the child's physical, emotional and psychological safety, security and well-being. Under the Family Law Act, if guardians cannot agree, a judge decides based on the child's best interests, aiming to protect the child's physical, psychological and emotional safety. A parenting agreement is a private arrangement that does not have to be changed in court, while a consent order is changed through the Court of King's Bench consent variation process.

• Both parents must protect the child from conflict and comply with an order until it is no longer in effect.
• The parties must try family dispute resolution where appropriate.
• A court order can also direct the parties to attend a family dispute resolution process.

Court requirements and what to do next

The Parenting After Separation (PAS) course is required before filing a divorce application or Family Law Act application in the Court of King's Bench, and a judge can also direct you to take it. In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy may add requirements, and a PAS certificate more than 2 years old means retaking the course. If you cannot complete a mandatory requirement, for example because of family violence concerns, you can file a Request to Waive/Defer Mandatory Requirements form.

• Find your current order or agreement and read the decision-making, mobility and passport clauses.
• Work out whether you share decision-making responsibility or are a guardian.
• Ask the other parent in writing to take part, keeping a copy.
• Gather every custody, parenting time and mobility document, since all valid ones must be provided.
• Consider family dispute resolution before going to court.
• If consent is still refused, speak with a lawyer about applying to vary the order.

Frequently asked questions