Traveling Abroad with a Minor Child After Separation or Divorce: What You Need to Know
According to the Civil Code of Quebec, a child remains under the authority of their parents until reaching the age of majority or emancipation (art. 598 CCQ). Both parents share parental authority (art. 600 CCQ). This means that even after separation or divorce, parents must make all important decisions regarding their child together, regardless of who has custody. One such important decision is traveling abroad with a minor child. Here is what you need to know to ensure the possibility of such a trip.
The importance of obtaining permission to travel abroad with minor children
Traveling abroad with a minor child is considered an important issue due to various risks: child abduction (non-return to Canada), political or other situations in the destination country (high rates of violent crimes, wars, riots), and natural disasters (tornadoes, earthquakes) that can cause contamination of potable water and spread infections. Therefore, whenever a parent wishes to travel abroad with the child, they must obtain written permission from the other parent. To obtain consent from your ex-spouse, you must provide them with necessary information for an informed decision :
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Dates of travel
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Detailed itinerary, including addresses where you intend to stay
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Information on how to reach the child during the trip (WhatsApp number, etc.)
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Other relevant information
Formalizing the consent
Once you have obtained consent from the other parent, you need to formalize it. Here, you can download a recommended Consent Letter for Children Travelling Abroad, provided by Global Affairs Canada. It is advisable to sign this form in the presence of a person authorized to take oaths (a lawyer, notary, commissioner for oaths, etc.). Border control agents or airline representatives may ask for this document when you cross the border.
Previous court decisions and your travel plans
Sometimes, during divorce or separation proceedings, the court establishes parental time for each parent and may also decide that one parent can travel abroad with the child without the other's consent. This can occur if your ex has previously demonstrated a lack of collaboration or consistently refused travel consent without good reason. If you have such a judgment and your travel is within the court's parameters, you may proceed. Remember to carry the judgment, as authorities at border control may request it.
If your travel falls outside the court's parameters, or if the judgment is silent on travel, or if there is no judgment at all, you need your ex's permission. If this is not possible, you may seek court intervention.
Our experienced lawyers can assist you in preparing and filing your application for permission to travel abroad with your minor child, filing it with the Superior Court of Quebec, and representing you during the hearing. Contact us through the contact form or call +1 (514) 600-6025 to schedule an appointment with one of our family lawyers.
Handling non-cooperation from the other parent
While most parents collaborate to some extent after separation or divorce, there are cases where one parent refuses permission without valid reasons, causing complications. If you lack the other parent's permission and have no judgment, you must file an application for permission to travel abroad with the Superior Court of Quebec. You can also ask the court to allow you to sign an application for a Canadian travel passport for your child. These judgments can be obtained relatively quickly if your request is well-justified and the opposing party lacks valid arguments against the planned travel. However, you should not wait for the last minute. Plan your trip well in advance, contact your ex long before the trip, and seek court intervention as soon as you encounter resistance from the other parent. The court will then decide if you can travel alone with your children, where you can go, for how long, and may impose other conditions related to the trip.
Frequently asked questions
Quels documents doivent être apportés à la première rencontre ?
Pour la première rencontre, vous devez apporter une pièce d'identité valide avec photo.
De plus, il est bon d'avoir avec vous les documents suivants :
- Tous les jugements précédents ;
- Copies des certificats de naissance de tous les enfants qui voyageront avec vous ;
- Billets, si vous les avez déjà acquis (nous ne recommandons pas d'acquérir les billets avant d'avoir un jugement) ;
- Itinéraire prévu ;
- Originaux des traductions des documents rédigés dans une langue autre que l'anglais ou le français ; une traduction doit être faite par un traducteur certifié, membre de l'Ordre des traducteurs, terminologues et interprètes agréés du Québec (OTTIAQ).
How long does it take to obtain a judgment allowing the trip? It is a good practice to ask the other parent for permission to travel with the child as soon as you have your plans. If you receive an unjustified refusal, you should consider filing an originating application with the Superior Court of Quebec as soon as you know the final decision of the other parent. Normally, these kinds of applications cannot be presented to the court less than 10 days after they are served. Considering preparation and serving time, you can obtain a judgment in two weeks or more. If you have special circumstances, if your demand is urgent, and if you have been diligent, the court can exceptionally reduce the delay of presentation, making it possible to obtain a judgment in a few days. However, you should keep in mind that the decision to reduce the delay of presentation is at the court's discretion, and the court may decide not to shorten the delay. To sum up, it is a good practice to file an originating application for permission to travel with minor children at least one month before the beginning of the trip.
I want to contest the demand of my ex-spouse for permission to travel, which will be presented to the court next week, because there is a high risk of the beginning of military actions in the travel destination country. How can I prove my allegations to the court in such a short time? You can print out and produce pertinent pages from the Travel Advice and Advisories by Destination section of the Government of Canada’s official source of travel information and advice. Please note that the advice of the Government of Canada can vary depending on the region of a particular country. Here is a link: https://travel.gc.ca/travelling/advisories
Other services in family matters
Our lawyers practicing family law can render you various services in family matters, from simple consultations to representation in the Superior Court of Quebec and the Court of Appeal of Quebec. Our comprehensive services in family matters include:
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Joint application for divorce / amicable divorce (non-contentious procedure);
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Applications for separation from bed and board (legal separation);
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Demands for custody and child support;
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Applications for permission to travel abroad with minor children;
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Establishment of access rights of the grand-parents to their grans-children;
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Establishment of alimentary support for minor children;
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Establishment of alimentary support for major children who are still financially dependent on their parents;
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Modification of the child support;
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Application for modification of custody and child support;
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Representation in the cases of parental alienation;
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Partitioning of the family patrimony;
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Partitioning of the partnership of acquests;
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Separation of the common-law partners;
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International litigations, where one party is domiciled outside of Quebec, including the cases where a party lives abroad;
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Litigations where one of the parties is absent and whose whereabouts are unknown;
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Establishment of filiation (demands to establish paternity, for example);
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Contestation of filiation;
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Demands for safeguard orders;
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Demands for provision for costs (request to order the other spouse to pay your legal fees);
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Continuation of the legal proceedings after they were started by another law firm;
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Representation of the clients in the Court of appeal of Quebec.
Contact us
Our adresse
1980, Sherbrooke Street West, suite 410, Montreal (QC) H3H 1E8
Email: info@sdnlegal.ca
Phone: +1 (514) 600-6025
Fax: +1 (514) 900-3834
