Travelling Abroad with a Child After Separation: Consent Letters and Legal Requirements in Ontario

You have booked a March break trip to Mexico — or a summer visit to grandparents in the UK — and you are travelling with your child without the other parent. Will you get through the border? What paperwork do you need? And what happens if the other parent refuses to provide their consent?

International travel with a child after separation is an area where a small planning gap can create a very large problem. This article explains what Ontario parents need to know about travel consent letters and legal requirements for taking a child outside Canada.

Why Consent Letters Exist

Canada has a strong interest in preventing parental child abduction — a parent fleeing the country with a child in violation of a court order or without the other parent's knowledge. To help border officials identify whether a child is being taken abroad lawfully, the Canada Border Services Agency (CBSA) recommends that children travelling with one parent or with a non-parent carry a travel consent letter signed by any absent parent or guardian.

As of writing, Canadian law does not legally require a consent letter for children leaving Canada — but border officers have discretion to ask questions and may turn you back if they are not satisfied the child is travelling lawfully. In practice, having a proper consent letter is essential.

When Is a Consent Letter Recommended?

A consent letter is strongly recommended whenever:

• Your child is travelling outside Canada with only one parent
• Your child is travelling with someone other than a parent (grandparent, aunt, school group)
• You are a single parent travelling with your child and do not have documentation of sole decision-making responsibility
• You are crossing the border and there is any ambiguity about your authority to travel with the child

Even if you have a court order granting you decision-making responsibility or primary parenting time, a consent letter from the other parent adds an extra layer of protection against delays at the border.

What a Travel Consent Letter Should Include

A consent letter is not just a permission slip. To be taken seriously by border officials, it should include:

• Full names of both parents and the child
• Dates of travel (departure and return dates)
• Destination(s) including country and cities if known
• A clear statement that the named parent consents to the child travelling with the other parent (or named adult)
• Contact information for the non-travelling parent, so border officials can verify consent if needed
• Notarization — having the letter signed before a notary public or commissioner of oaths significantly increases its credibility

The Government of Canada publishes a sample template (verify it is current before use). If you are in a situation where a lawyer's letterhead would be helpful, we can draft and certify the consent letter for you.

What If the Other Parent Refuses to Sign?

This is where things get complicated. If the other parent refuses to provide a consent letter — out of spite, as leverage in another dispute, or out of genuine concern that you will not return — you have a few options:

Apply to Court for a Travel Order

You can bring a court application seeking an order that:

• Permits you to travel with the child for a specified purpose and time period
• Directs the other parent to provide a signed consent letter (or dispenses with the need for one)

Courts can and do grant travel orders where one parent is unreasonably withholding consent. You will need to show the travel is legitimate, you will return, and any concerns the other parent has raised are unfounded.

Present Alternative Documentation at the Border

If you have sole decision-making responsibility under a court order, that order itself may serve as documentation of your authority. Bring a certified copy. However, individual border officers may still prefer a consent letter, so a court order is a backup, not a replacement.

Consider the Underlying Concern

Sometimes the refusal reflects a genuine, albeit poorly communicated, concern about whether the child will be returned. In those cases, offering a security — a financial deposit, a formal undertaking, a commitment letter from a lawyer — may resolve the impasse without going to court.

Parenting Orders and International Travel Clauses

Many parenting orders and separation agreements include clauses that specifically address international travel. Common provisions include:

• Advance notice required before taking the child abroad (for example, 30 days)
• A requirement to provide the other parent with the itinerary, flight details, and contact information
• Restrictions on travel to specific countries (particularly countries that are not signatories to the Hague Convention on child abduction)
• A requirement to obtain consent in writing before departure

Review your parenting order or separation agreement carefully before booking any international travel.

What About the Child's Passport?

A child's passport is a separate issue from a travel consent letter. In Canada, both parents with decision-making responsibility (or parental rights, depending on the legal context) typically must consent to a child's passport application. This means you cannot simply apply for a passport for your child without the other parent's knowledge if you share decision-making responsibility.

If the other parent is refusing to consent to a passport, you may need a court order. See our separate article on a child's passport when parents disagree.

Frequently asked questions