Travelling with Children as a Separated or Divorced Parent

Winter has blanketed Alberta with icy temperatures, and many parents are beginning to dream of sunny getaways for the February Family Day weekend or March Break. However, for separated or divorced parents, travelling with children can present unique challenges and considerations. 

From obtaining necessary travel consents to navigating custody arrangements, here is everything you need to know to ensure a smooth and stress-free vacation.

Decision-Making Responsibility and Parenting Time

Under Alberta’s Family Law Act, parents share responsibility for making significant decisions about their children unless a court order specifies otherwise. This includes decisions about education, health care, and travel. Understanding the distinction between decision-making responsibility and parenting time is critical when planning travel with your child.

Decision-Making Responsibility

This term refers to the authority to make significant decisions about a child’s upbringing. Decision-making responsibility is usually shared between parents, meaning both must agree on essential matters, including international travel. Even if one parent has most parenting time, the other parent’s input is typically required for decisions involving passports, travel consents, and destination choices. Failure to obtain an agreement can lead to disputes requiring court intervention.

Parenting Time

Parenting time refers to the schedule during which each parent spends time with the child. Travel plans must align with the parenting schedule, often detailed in a parenting plan or court order. If the planned trip overlaps with the other parent’s parenting time, their consent will likely be required.

When Court Orders Are in Place

If you have a court order outlining parenting arrangements, reviewing it carefully before making travel plans is essential. Some orders may include specific clauses about travelling out of the province or country, requiring the other parent’s notice or consent. Violating these provisions can have serious legal consequences, including potential changes to the parenting arrangement.

Understanding Legal Requirements for Traveling with Children

In Canada, specific legal requirements govern travelling with children, especially for separated or divorced parents. These rules are designed to prevent child abduction and ensure that the rights of both parents are respected.

1. Consent Letter for Travel

A travel consent letter is often required when one parent travels with a child without the other parent. This letter demonstrates that the non-travelling parent has given their consent for the child to leave the country.

The consent letter should include:

• The full names and contact information of both parents.
• Details of the travel itinerary, including destinations and travel dates.
• The child’s full name, date of birth, and passport number.
• A statement granting permission for the child to travel.
• The signature of the non-travelling parent, ideally notarized to avoid disputes at border crossings.

2. Custody and Parenting Orders

If there is a court order regarding custody or parenting time, it’s essential to review it carefully. Certain orders may include travel restrictions or require both parents to agree before travelling outside of Alberta or Canada.

3. Passport Requirements

Children travelling internationally must have their passports. For separated or divorced parents, obtaining a passport can sometimes be challenging if both parents’ signatures are required, but one parent refuses. In such cases, you may need to seek a court order to resolve the issue.

The Paramount Importance of the Child’s Best Interests

In all matters concerning children, including travel arrangements, the paramount consideration is the child’s best interests. This fundamental principle is deeply ingrained in Alberta law and guides all decisions made by parents, courts, and other professionals involved in the child’s well-being.

The “best interests of the child” is a broad concept that encompasses various factors, including:

• Physical and Emotional Well-being: This includes ensuring the child’s safety, health, and emotional stability during travel.
• Developmental Needs: Travel plans should consider the child’s age, developmental stage, and any special needs they may have.
• Maintaining Relationships: Travel arrangements should strive to maintain and strengthen the child’s relationships with both parents.
• The Child’s Preferences: When appropriate, the child’s own preferences and wishes should be considered and given due weight.

In the context of travel, considering the child’s best interests may involve:

• Choosing destinations that are age-appropriate and offer suitable activities.
• Minimizing travel time and ensuring comfortable travel arrangements.
• Prioritizing the child’s safety and well-being throughout the trip.
• Maintaining regular communication with the other parent during the trip.

By prioritizing the child’s best interests in all travel-related decisions, parents can ensure their children have positive and enriching travel experiences while maintaining their overall well-being.

Planning the Trip: Key Considerations

Once the legal requirements are addressed, the focus shifts to planning a trip that respects the needs of both parents and the child.

Communication is Key

Clear and respectful communication between co-parents is crucial for planning travel. Share your itinerary, emergency contact information, and any changes to the plan well in advance. 

Health and Safety

When travelling with children, especially to sunny destinations, prioritize their health and safety:

• Pack appropriate clothing, sunscreen, and medications.
• Check if vaccinations are required for the destination.
• Have health insurance that covers the child abroad.

Border and Airline Considerations

Border officials and airlines often require additional documentation for children travelling with one parent. To avoid delays:

• Carry the child’s passport and birth certificate.
• Have the travel consent letter readily available.
• Be prepared to answer questions about your relationship with the child and the purpose of the trip.

Special Considerations for International Destinations

Destination-Specific Requirements

Research the entry requirements for your destination. Some countries may have additional documentation requirements for minors or specific visa requirements.

The Hague Convention

Canada is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. This treaty helps ensure that children are not wrongfully removed or retained in another country. If your destination is a signatory country, you may have legal recourse if a dispute arises.

Furthermore, many families move within Canada and internationally during their relationships, developing ties to multiple legal jurisdictions and acquiring property in different areas. When separation occurs, these connections can complicate legal matters, especially when one parent seeks to relocate further away—whether within Canada or across international borders—without the other parent’s consent.

Hague Application

In cases where decision-making responsibility (custody) or parenting time (access) crosses borders, time is of the essence. If a parent relocates with a child without permission or fails to return the child as planned, a Hague application may be necessary to secure the child’s return. This process is often overwhelming for the left-behind parent, who may feel frantic and unprepared. An experienced family lawyer can provide the guidance and swift action needed to navigate these complex situations and advocate for the child’s prompt return to their home jurisdiction. Understanding how the Hague Convention applies to your case can be critical in resolving such disputes effectively.

Parental Alienation Concerns

It is often best practice for divorced or separated parents to ensure that their trip plans do not intentionally/unintentionally disrupt the child’s relationship with the other parent. Prolonged trips may be seen as parental alienation, which could have legal repercussions.

Returning Home: Post-Trip Considerations

After the trip, it’s important to help the child transition back into their routine to ensure stability and comfort. It may be best to start by discussing the trip with your co-parent, focusing on the child’s positive experiences and milestones during the vacation. Sharing photos and anecdotes can build goodwill and reinforce collaborative co-parenting.

Finally, document the experience, including lessons learned, to better prepare for future travels. Keeping a record of how you managed logistics and communication with your co-parent can be a helpful reference for future trips, ensuring smoother experiences.

Calgary Family Lawyers Assisting Clients Through Complex Parenting Matters

Travelling with children as a separated or divorced parent requires careful planning, clear communication, and adherence to legal requirements. You can create a memorable and stress-free vacation by prioritizing the child’s best interests and working collaboratively with your co-parent and legal counsel. Our Calgary family law lawyers at Mincher Koeman are here to guide you through anything from parenting time to spousal support. To book a consultation, please contact us online or by phone at 403-910-3000.