Planning vacation with your children can be complicated when you share parenting time with their other parent.


Divorce: Terminology change in the law Since March 1, 2021, the Divorce Act no longer uses the terms “custody” and “access rights”. The law now uses the term “parenting time” to describe a divorced parent’s relationship with a child of the marriage. This change helps to reduce conflict between parents and prioritizes the child’s best interests. The following article uses the terms in the Divorce Act, but the rules explained apply to both divorced parents and parents who have never been married. |
Shared parenting time or majority parenting time?
When a child spends at least 40% (146 days) but less than 60% (219 days) of the year with each parent, the parents are said to have “shared parenting time” of their child.
A parent is said to have the “majority of parenting time” if they spend at least 60% of their time with the child. The other parent is simply said to have parenting time.
Respecting the schedule that was set
Sometimes, there’s a court judgment setting out how you and the other parent are to divide your time with the kids when they’re not in school. For example, the judgment could cover parenting time during winter break, the summer or March break. In such a situation, you must respect the judgment. The same applies if you reached an agreement that was approved by a court.
If no such judgment or agreement is in place, you can always have a discussion with the other parent. You can also use mediation to arrive at an agreement. Such an agreement can then be submitted to the court for approval. It then has the same effect as a court judgment.
If you can’t reach an agreement, you can file an application in court for a decision on the matter. A judge will make a decision based on the best interests of the child.
Traveling outside Canada with your child
If you’d like to travel outside Canada with your child, you must have the other parent’s agreement — even if you have the majority of parenting time with the child (or what is commonly referred to as “custody”). Customs officials can ask to see the written permission of the other parent. The Government of Canada has a model consent letter you can use for this.
If the other parent refuses to sign, you can ask the court to authorize the trip. A judge will decide based on the best interests of the child, taking into account the reasons for the trip and the safety of the destination.