For trips outside Canada, the Government of Canada recommends that a child travelling without one or both parents carry a consent letter signed by every parent or person with decision-making responsibility who is not travelling. A consent letter is not legally required in Canada, but border officials and airlines may ask for one. Separately, your parenting order or agreement may require the other parent's consent.
How travel with a child works after separation, step by step
Travel questions come up every holiday season: a trip to see family abroad, a March break vacation, a school trip. For separated parents in Ontario, two sets of rules matter. The first is what your parenting order or separation agreement says. The second is what border officials, airlines and foreign countries expect to see. For an overview of parenting matters, see our custody and access (parenting) page.
- Read your order or agreement. Ontario courts can order that a party may not remove a child from Ontario without the other party's consent or a court order, and can require the child's passport to be delivered to the court or another person (Children's Law Reform Act, s. 28(1)(c)(iv) and (v)). Many agreements set notice periods and itinerary requirements for travel.
- Ask for consent in writing, early. Give the other parent the dates, destination, flight details and contact information.
- Prepare the consent letter. The Government of Canada's consent letter guidance recommends a signed letter from each parent or person with decision-making responsibility who is not travelling with the child.
- Bring the paperwork. The guidance recommends travelling with the consent letter and a copy of any relevant court order or parenting arrangement, even where an order lets one parent make travel decisions alone.
- Check the destination's own rules. Some countries have their own entry and exit requirements for children, and a consent letter may not be considered sufficient.
- If consent is refused, try to resolve it, consider mediation, or ask the court for an order permitting the trip.
What the federal consent letter guidance says
| Question | What the Government of Canada guidance says |
|---|---|
| Is a consent letter legally required? | No, but it may be requested by foreign immigration authorities, airline agents, or Canadian officials when entering Canada |
| When to use one | When a child travels alone, with only one parent or person with decision-making responsibility, with friends or relatives, or with a group such as a school or sports team |
| Age | Any child under 19 should carry one when travelling abroad without both parents or persons with decision-making responsibility |
| Who signs | Any parent or person with decision-making responsibility who is not travelling, including separated or divorced parents |
| What to include | The child's name; names and contact details of parents; the accompanying adult's full name, address, contact details and relationship; destination, duration and travel dates |
| Witness | Any adult may witness, but a notary public is strongly recommended; originals are best |
| Day trips to the U.S. | A consent letter covers crossing any international border, including the land border with the United States, even for a day trip |
The guidance also warns that a consent letter does not guarantee a child will not be taken abroad without permission or will be returned to Canada. It is a precaution, not a complete safeguard.
When the other parent will not consent
If a parent refuses to sign, the federal guidance suggests trying to resolve it directly or using family justice services such as mediation. When that fails, a parent can ask the court to decide. In Ontario, the court applies the child's best interests; see how courts decide a child's best interests. A court can make an order dealing with any aspect of decision-making responsibility or parenting time (s. 28(1)(b)), including travel terms.
Applications about travel often turn on practical details: the reason for the trip, its length, the destination, ties to Canada, return tickets, and whether the destination is a country where returning a child could be difficult. Evidence about the travelling parent's job, home and family in Ontario helps show the trip is a trip and not a move. A permanent move is a relocation with its own rules; see moving with a child after separation.
If you believe the other parent may not bring the child back, the federal guidance says to consult a lawyer right away and to proceed with caution before signing a consent letter.
School trips, sports teams and travel with relatives
Children often travel without either parent: a school exchange, a tournament, a summer with relatives. The federal guidance recommends a consent letter in all of these cases. If neither parent is accompanying the child, both can sign one letter or each can sign a separate letter. Children from the same family travelling together may be listed on one letter, while separate letters are recommended for children who will travel separately for part of the trip. The letter should name the accompanying adult and give their full address and contact information and their relationship to the child.
For separated parents, it helps to agree in advance how these requests will be handled: how much notice, who signs, and who keeps the original. Writing that into the parenting plan avoids a last-minute dispute when the school sends the permission forms.
If you are worried the child will not come back
The federal guidance is direct: a consent letter does not guarantee that a child will not be taken abroad without permission or that the child will be returned to Canada, and when leaving Canada, travellers are not systematically required to show documents to a border officer in the way they must on entry. If you believe there is a risk of non-return, the guidance says to consult a lawyer right away and to be cautious about signing.
Ontario courts have tools for this situation. A parenting order can prohibit removing the child from Ontario without consent or a court order, require the child's passport or other documents to be delivered to the court or another person, and limit changes to the child's residence or school (Children's Law Reform Act, s. 28(1)(c)). Asking for those terms before a trip, with evidence of the risk, is far easier than trying to bring a child home afterwards.
What changes the answer
- The wording of your order or agreement. Clauses requiring consent, notice or passport deposit control first.
- Who has decision-making responsibility. Travel decisions may fall within an allocated area; see decision-making and parenting time. Even with sole decision-making, the federal guidance still recommends a consent letter from the other parent where possible or safe.
- Dual or "deemed" citizenship. A child may be treated as a citizen of another country because of a parent's citizenship and be subject to that country's entry and exit rules.
- A parent living abroad. Their signature can be witnessed by any adult, including a consular officer at a Canadian government office abroad (fees apply).
- A parent who has died. The guidance recommends carrying a copy of the death certificate.
- Safety concerns. If getting the other parent's consent is not possible or could be unsafe, the guidance recommends legal advice.
- Schedule effects. Long summer trips may change who has the child for that period, which can matter for support where parenting is shared; see child support with shared parenting.
A worked example
For example, imagine separated parents in Toronto with joint decision-making responsibility and a week-on, week-off schedule. One parent wants to take their ten-year-old to visit grandparents in Portugal for two weeks in July, during that parent's own time plus one week of the other parent's time. Their separation agreement says neither parent may take the child outside Canada without the other's written consent, not to be unreasonably withheld.
The travelling parent sends the itinerary, return flight confirmation and the grandparents' address two months ahead and proposes make-up time for the other parent in August. The other parent signs a consent letter, witnessed by a notary, and the travelling parent carries it with a copy of the agreement. If the other parent had refused without a good reason, the travelling parent could ask the court for an order permitting the trip, with terms such as video calls and a return date. This example is hypothetical.
Common mistakes with travel
- Booking first and asking later. Non-refundable tickets do not create consent.
- Travelling without a letter because the order seems to allow it. Officials may still ask; the guidance recommends a letter plus the order.
- Using a photocopy. Border officials may not accept photocopies or digital versions.
- Ignoring the destination's rules. Some countries require more than a consent letter.
- Withholding consent to gain leverage. Unreasonable refusals can count against a parent; willingness to support the child's relationship with the other parent is a best interests factor.
- Ignoring a passport term. If an order requires the passport to be held, follow the order's process; see when a parenting order is not followed.
What to do this week
- Read the travel and passport clauses in your order or agreement.
- Send the other parent the full itinerary and request written consent.
- Download the Government of Canada sample consent letter and fill in every detail.
- Arrange for a notary to witness the signature if possible, and keep the original.
- Check the travel advice for your destination, including any special rules for children.
- If consent is refused or you have safety concerns, book a free consultation with us to discuss a court order.
Frequently asked questions
Do I need a consent letter for a day trip to the United States?
The federal guidance says a consent letter gives permission to cross any international border, including the land border with the United States, even for a day trip. It is recommended whenever the child travels without both parents.
My teenager is 17. Do they still need a letter?
The guidance says any child under 19 should carry one when travelling abroad without both parents or persons with decision-making responsibility, even if they are old enough for an adult passport.
Can grandparents take the child abroad?
Yes, with consent letters from the parents or persons with decision-making responsibility who are not travelling. Grandparents with a contact order should check its terms; see grandparents and contact.
What if my child does not want to go?
A child's views are part of any best interests decision, weighted for age and maturity; see whether a child gets a say.
Where would a travel dispute be heard in Toronto?
A dispute under the Children's Law Reform Act can be brought in the Ontario Court of Justice in Toronto; see the Ontario Court of Justice family courts in Toronto.
Does a consent letter need a specific format?
There are no official rules for the format, but the Government of Canada provides interactive and printable templates and lists the details a letter usually includes.