What Is a Child Travel Consent Letter in British Columbia?

If you are travelling alone with your child, you may have been told to carry a letter from the other parent. People often wonder what it should say, whether it must be notarized, and what border officials will ask.

This article explains the general idea and the BC legal background. It does not set out one required format, because requirements can vary by destination and carrier.

This article covers the law of British Columbia.

What a consent letter is

A travel consent letter is a signed statement saying a parent or guardian agrees to a child's trip. It is meant to show that the child is travelling with permission. It is a practical tool for the journey, not a court order.

Whether you need one at all can depend on who you travel with, where you are going, and what your family's agreement or order says. Check with the airline and the destination country before you go.

The legal background in BC

Under the Family Law Act, each parent is a child's guardian both while living together and after separating. Only a guardian may have parental responsibilities and parenting time.

There are exceptions. An agreement or order made after separation may provide that a 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, or the parent regularly cares for the child. A stepparent or new partner does not become a guardian only by marrying or entering a marriage-like relationship with a guardian. This affects whose consent you might ask for.

What a letter commonly includes

There is no single required wording that this article can point to, but letters usually cover the same basic points.

• The child's full name, date of birth and passport details.
• The full name of the parent or guardian giving consent, with their address, phone number and email.
• The name of the adult travelling with the child.
• The destination, travel dates and, if known, flight or accommodation details.
• A clear statement that the child has permission to travel.
• The signature of the consenting parent or guardian and the date.

Notarizing and what officials expect

Whether a letter must be notarized depends on the destination country, the airline or other carrier, and sometimes your own agreement or order. Officials may ask questions about the child, the trip and your relationship to the child. Having the letter, a copy of the other parent's identification if they agree to provide it, and any relevant court order or agreement can help answer those questions. Confirm current requirements with the destination's authorities and the carrier rather than relying on general advice.

Passports and orders that affect travel

A passport for a child under 16 may be issued to the child's parent, the custodial parent if the parents are divorced or separated, or the legal guardian. It shall not be issued where a court order or separation agreement gives the non-custodial parent access rights, unless the application includes evidence that issuing it is not contrary to those terms. It also shall not be issued where a court order restricts the child's movement to a judicial district unless varied or revoked.

Canada.ca says all parents or legal guardians should sign the child's passport application, and if both cannot sign, the applicant must contact the Passport Program for instructions. Separated or divorced applicants must submit all legal documents with custody, decision-making, access, parenting time or mobility clauses.

What to do next

• Ask the other parent early and in writing.
• Read your agreement or order for travel or passport terms.
• Confirm requirements with the airline and destination.
• If there is a safety concern, it is worth speaking to a lawyer about how it applies to your situation, because this depends on your circumstances.

Frequently asked questions