Travelling Outside Canada With a Child: Consent in British Columbia

Planning a trip abroad with your child is simple when you and the other parent agree. It gets harder when you have separated, communication is poor or one of you is worried about the child not coming back.

This article explains how the Family Law Act in British Columbia treats decisions like travel and passports, and what you can do if the other parent will not agree.

This article covers the law of British Columbia.

Start with who the guardians are

While the child's parents live together and after they separate, each parent is a guardian of the child, so separation alone does not end guardianship. An agreement or order made after separation can provide that a parent is not a guardian.

Unless an agreement or order says otherwise, each guardian may exercise all parental responsibilities after consulting the other guardians, unless consultation would be unreasonable or inappropriate. Responsibilities can also be allocated to certain guardians only. Your own agreement or order is the first place to look.

Passports, parenting time and trips

Applying for a child's passport is a parental responsibility, so it falls to guardians under the allocation in an agreement or order. Parental responsibilities also include decisions about where the child lives and with whom the child associates.

During parenting time, a guardian may make day-to-day decisions and have day-to-day care, control and supervision, unless the agreement or order says otherwise. Whether an international trip counts as a day-to-day matter depends on your wording and the facts, so check your documents and get advice if it is unclear.

A parent who is not a guardian can still have contact but has no parental responsibilities.

Consent letters and border rules

Airlines and border officials in Canada and in your destination set their own entry and boarding requirements, so check the rules for each country on your route. Many travellers carry a signed letter from the other guardian anyway, because it can avoid delays.

A consent letter commonly includes:

• the child's full name and date of birth
• the names and contact details of the guardians
• the travel dates, destination and who the child is travelling with
• a clear statement that the other guardian consents, with a signature and date

Ask the airline and the destination's authorities what they want, and keep a copy of any court order or agreement with you.

If the other guardian refuses

If consent to travel is refused, a guardian can apply to court for an order under section 49 (directions) or section 45 (a parenting order) deciding the issue. The court decides on the child's best interests only.

In Provincial Court, an application about a family law matter is made on Form 3. In Supreme Court, a family case starts with a Notice of Family Claim, Form F3. In Provincial Court, a party must complete a Parenting After Separation course before the first court date unless exempt.

If you are worried about the other parent keeping the child abroad, a court may order that a person not remove a child from a specified area. If it is satisfied that a person proposes to remove the child from BC and is unlikely to return, it can order security or surrender of passports and travel records.

Trips versus moving away

A trip is different from a relocation. A relocation is a change in residence of a child or guardian that can reasonably be expected to significantly affect the child's relationship with a guardian or other significant person. The relocation rules apply where a guardian plans a relocation and a written agreement or order on parenting arrangements or contact applies.

In that case, a guardian planning to relocate a child must give other guardians and contact persons at least 60 days' written notice stating the date and proposed location, although the court may exempt the notice where it would risk family violence or there is no ongoing relationship.

• Read your parenting agreement or order for travel terms.
• Ask the other guardian in writing, with dates and itinerary, well ahead of time.
• Check airline and destination requirements for children.
• If consent is refused or the situation involves safety concerns, speak to a lawyer about applying to court.

Frequently asked questions