Thursday, 13 December 2012
I want to take my kids to Disneyland but my ex, the children’s mother, doesn’t agree. Can I take them anyway?
In most circumstances, you must get the written consent of your minor child’s other parent or guardian to travel outside of the country, even during your own scheduled parenting time. Even if you and the other parent are still in a relationship, and you plan a trip alone with your children, the other parent will still need to provide written consent to such travel.
In your case; therefore, you will most likely not be able to travel outside of Canada unless your ex indicates her consent on a notarised travel permission document.
Sometimes, when parents separate, they include a term in their agreement order that indicates that the consent of the other parent is not necessary for travel outside of the country. If that is your situation, then you will need to take a copy of the order or agreement with you for travel. Note that if your agreement was informal, and was not signed with independent legal advice, it may not be accepted as valid by third-party agencies (like airlines or customs agents).
If you don’t have an agreement or order, or you do have one but it doesn’t reference international travel, you will typically need a notarised travel permission document from your ex to take the children out of the country.
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