A lot of my clients make travel plans around Christmas and the New Year. Often that travel includes children. After a number of calls from clients over the past few days I though it would be appropriate to look at the legal requirements when travelling abroad with a minor.
In Canada a person is considered a minor if they are under the age of 18 (in Alberta, Manitoba, Ontario, Quebec and Prince Edward Island) and 19 (in the territories, British Columbia, Nova Scotia, New Brunswick and Newfoundland). Many people are not aware that immigration officials at airports and boarder crossings have the ability to refuse entry if they feel the parent does not have actual authority to be travelling alone with the child or children.
Where a child is only travelling with one parent, it is strongly recommended that the parent travelling with the child have a travel or consent letter from the other parent authorizing the travel. The consent letter will act as proof to the border official that the parent who is not present is aware of the travel and has agreed to the travel. Often times when parties are divorced one of the spouses will refuse to sign the consent letter. In those instances we apply to the court for a court order to allow travel. Recently, I was in Provincial Court and was advised by a sitting Judge that U.S. Boarder Services has refused entry on occasion when the party only has an order from the court. The rationale being that the other party may not be aware of the travel. This position may become problematic for those involved in acrimonious family law matters.
If you have a lawyer, have them draw up the consent letter. If you do not have counsel, the Government of Canada offers some guidance as to what needs to be included in a travel letter. To avoid any problems it is important to provide as much detailed information as possible in the letter. The form should be witnessed, or if possible notarized or commissioned by a commissioner of oaths. I would suggest a certified original letter as it provides boarder agents greater security that the content of the letter is genuine.
You may already have a court order allowing you to travel, however, if you can obtain a travel consent letter as well, it will only provide you with greater protection at a boarder crossing.
Quick travel points:
- Carry a long form birth certificate when you are the only parent travelling with the children;
- If you have court documents allowing travel, have certified copies with you at all times;
- If the other parent is deceased, have a copy of the death certificate;
- If you have obtained a court order to travel, try to obtain a travel consent letter as well;
- If you are allowing travel with the other parent take steps to determine if the country is party to the Hague Convention on the Abduction of Children.
In Canada a person is considered a minor if they are under the age of 18 (in Alberta, Manitoba, Ontario, Quebec and Prince Edward Island) and 19 (in the territories, British Columbia, Nova Scotia, New Brunswick and Newfoundland). Many people are not aware that immigration officials at airports and boarder crossings have the ability to refuse entry if they feel the parent does not have actual authority to be travelling alone with the child or children.
Where a child is only travelling with one parent, it is strongly recommended that the parent travelling with the child have a travel or consent letter from the other parent authorizing the travel. The consent letter will act as proof to the border official that the parent who is not present is aware of the travel and has agreed to the travel. Often times when parties are divorced one of the spouses will refuse to sign the consent letter. In those instances we apply to the court for a court order to allow travel. Recently, I was in Provincial Court and was advised by a sitting Judge that U.S. Boarder Services has refused entry on occasion when the party only has an order from the court. The rationale being that the other party may not be aware of the travel. This position may become problematic for those involved in acrimonious family law matters.
If you have a lawyer, have them draw up the consent letter. If you do not have counsel, the Government of Canada offers some guidance as to what needs to be included in a travel letter. To avoid any problems it is important to provide as much detailed information as possible in the letter. The form should be witnessed, or if possible notarized or commissioned by a commissioner of oaths. I would suggest a certified original letter as it provides boarder agents greater security that the content of the letter is genuine.
You may already have a court order allowing you to travel, however, if you can obtain a travel consent letter as well, it will only provide you with greater protection at a boarder crossing.
Quick travel points:
- Carry a long form birth certificate when you are the only parent travelling with the children;
- If you have court documents allowing travel, have certified copies with you at all times;
- If the other parent is deceased, have a copy of the death certificate;
- If you have obtained a court order to travel, try to obtain a travel consent letter as well;
- If you are allowing travel with the other parent take steps to determine if the country is party to the Hague Convention on the Abduction of Children.