Travel Consent Letter & Passport Rules for Custody in BC
Taking your child across the border or on an international trip after separation requires planning that many BC parents don't think about until they're standing at the airport. A travel consent letter is not legally required in Canada, but border officials or other authorities may ask for it, and travel can be delayed or refused if consent is unclear.
Here's what you need for both domestic and international travel when you have a parenting arrangement in BC.
Travel Consent Letters
A travel consent letter is a signed document from the non-travelling parent authorizing the child to travel with the other parent. Canada does not legally require one, but border officials or other authorities may ask for it, and travel can be delayed or refused if consent is unclear.
What the letter should include:
- Full legal names of the child, the travelling parent, and the consenting parent
- The child's date of birth
- Specific travel dates, destinations, and itinerary
- Contact information for the non-travelling parent
- The consenting parent's signature (ideally notarized)
- Copies of the custody order or parenting agreement (if applicable)
Canada has no single official required format. The Government of Canada provides a sample consent letter, and the letter should cover the details above.
When to consider one:
- International travel with only one parent
- Domestic travel where the child will be away during the other parent's scheduled parenting time
- Travel with a non-parent (grandparent, new partner) — the letter should come from both parents
Passport Applications
For a child whose parents are separated or divorced, the parent with custody or decision-making responsibilities, or a legal guardian, can apply for a passport. All parents or legal guardians should sign the application, and Passport Canada may contact the others. Include relevant custody, parenting, or court documents.
Consent is unavailable or disputed: Contact Passport Canada about the documents required for your situation; a court order may be relevant depending on the circumstances.
There's a travel restriction in your court order or agreement: Passport Canada may require evidence that the travel doesn't violate the restriction.
If you're concerned about the other parent obtaining a passport for the child without your knowledge, you can add the child to the Passport Canada lookout list by contacting Service Canada.
Your Parenting Plan Should Address Travel
The most common travel disputes between separated parents come from agreements that say nothing about travel. Your parenting plan should cover:
- Advance notice: How many days or weeks before a trip must the travelling parent notify the other? Your agreement or order may set a period such as 14-30 days for domestic travel or 30-60 days for international travel.
- Itinerary sharing: Full itinerary including flights, accommodation, and emergency contact numbers.
- Communication during travel: How and when the child can contact the non-travelling parent.
- Passport possession: Which parent holds the passport between trips. Some agreements require it to be held by a neutral third party or alternate between parents.
- Cost allocation: Who pays for passports, required travel documents, and any additional trip costs.
- Restricted destinations: Some agreements exclude travel to countries that are not signatories to the Hague Convention on International Child Abduction.
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Relocation Is Different from Travel
A vacation is not a relocation. If an existing parenting order or agreement applies and a parent plans to move in a way that significantly impacts the child's relationship with the other guardian, Division 6 requires 60 days' written notice and gives the other parent 30 days to object. If there is no existing parenting order or agreement, Section 46 does not impose a formal notice requirement, but written notice is strongly recommended. Short-term travel doesn't trigger these rules, but if the "trip" starts looking like a permanent move, the relocation provisions apply.
The British Columbia Custody & Parenting Plan Guide includes travel consent templates and a holiday rotation planner that covers trip notice requirements.
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