After a separation, planning a vacation with your kids can be complicated. Here are some tips to avoid problems.
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Divorce: Terminology change in the law Since March 1, 2021, the Divorce Act no longer uses the term “child custody.” The law now uses the term “parenting time” to describe the time a child spends in the care of a parent. |
Check your parenting time schedule
Your parenting time schedule sets out the days your children will be in your care, as established during your separation or divorce.
As a general rule, you can only take your kids on vacation during your parenting time. But you can come to an agreement with your ex if you’d like to go on vacation during their parenting time.
Who decides if kids can travel?
Both parents must consent to their kids travelling outside Canada.
Usually, both parents continue to exercise their parental authority after a separation or divorce. So they must make important decisions about their children together. Allowing kids to leave the country is an important decision, so parents must decide this together.
Before travelling outside Canada with children, the Canadian government recommends having the other parent sign a consent letter. Border agents could ask for this letter even if you have full custody.
What can you do if the other parent refuses travel?
If the other parent refuses to sign a consent letter, you have options. You can go to family mediation to find a solution together. Keep in mind, you can get up to five hours of free family mediation. Otherwise, you can ask the court to authorize the trip.
When deciding whether to allow travel, courts consider the reason for the trip, how safe the destination is, and the best interests of the child. For example, a court can authorize a trip that the other parent refuses if it allows the children to visit their grandparents who live in another country.
But the court could decide not to allow the trip if the other parent has reason to worry about the social or political situation in the destination.
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Did you know? Courts must consider the best interests of the child every time they make a decision involving children. To do this, courts consider a child’s overall situation, for example, their needs, their age, and the parents’ ability to meet their needs and cooperate. |