Can I Get a Passport for My Child Without Consent in BC?

Getting a passport for your child should be routine, but it can stall when the other parent will not sign. If you are separated, it is common to wonder whether you can go ahead alone.

The answer depends on who is a guardian, what your agreement or court order says, and what the federal passport rules require. This article explains the general picture so you know what to gather and when to ask a lawyer.

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 legal guardian. 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.

In BC, each parent is a child's guardian both while living together and after separating. A separation does not by itself end that status. An agreement or order made after separation, or when parents are about to separate, may provide that a parent is not a guardian.

What the application asks for

Canada.ca says all parents or legal guardians should sign the child passport application, and Service Canada may contact the other parent. If both cannot sign, the applicant must contact the Passport Program for instructions.

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, and that you submit all legal documents with custody, decision-making, access, parenting time or mobility clauses, including any specific passport clause.

When an order or agreement changes things

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

Read your order carefully, including any clauses about passports, travel or mobility. What it means for your application depends on its exact wording, and if yours is unclear, a lawyer can help you understand it.

If you are worried that a child may be taken away, a BC court may, on application, order that a person not remove a child from a specified geographical area. Whether that step suits your situation depends on the facts, so it is worth confirming with a lawyer.

If the other parent is not a guardian

A parent who has never resided with the child is not a guardian unless a parentage provision applies, all the guardians agree the parent is also a guardian, or the parent regularly cares for the child. Such a parent has no guardianship-based relocation or travel rights. A stepparent or new partner does not become a guardian only by marrying or entering a marriage-like relationship with a guardian.

Only a guardian may have parental responsibilities and parenting time for a child. Who is a guardian can affect whose signature the Passport Program expects, so your documents should show your status clearly. How the Passport Program treats a particular situation can change, so confirm current requirements on Canada.ca or with the Passport Program.

What to do next

• Find your separation agreement or court order and read any passport, travel or mobility clauses.
• Try asking the other parent in writing to sign, and keep a copy.
• Gather proof of your status as parent or guardian and any custody or parenting documents.
• Contact the Passport Program for instructions if the other parent will not sign.
• If an order blocks the application or is unclear, speak with a lawyer about asking the court for a clarifying or varying order.

Frequently asked questions