When parents share joint custody—or joint decision-making responsibility—travelling with a child, especially outside Canada, becomes more than just a family matter. It becomes a legal one. Whether it’s for a school trip, a vacation, or to visit family abroad, both parents must be on the same page—or a judge must make the decision for them.
🔍 What the Law Requires
In Ontario (and across Canada), if you share custody or decision-making responsibility, you must have the other parent’s written permission to travel internationally with your child—even if:
You have full physical custody
The trip is short and non-disruptive
The child wants to go
Flights and accommodation are already paid for
Without that written consent—or a court order—you may be stopped at the airport or border. This applies to all children under 18.
✍️ What Is a Travel Consent Letter?
A travel consent letter is a signed document from the non-travelling parent that confirms they agree to the trip. It usually includes:
Child’s full name and birth date
Travel dates and destinations
Name of the travelling parent or adult
Contact information for both parents
Signature of the non-travelling parent
A witness or notary (especially for international trips)
Some countries may even deny entry without this letter. Airlines and border services can also refuse boarding if it’s missing.
👩⚖️ What If Consent Is Refused?
In high-conflict cases, one parent may withhold consent as a way to control or punish the other parent—or the child. This is especially common in abusive dynamics.
If this happens, the only option is to apply to the court for a travel order.
The judge will consider:
The purpose and length of the trip
Whether it’s in the best interest of the child
Any concerns around safety or return
The child’s wishes, especially if they are older
Whether the refusing parent is acting in bad faith
Judges can override the refusal and authorize the travel.
💔 When Abuse Is a Factor
If the non-consenting parent has been:
Charged with or convicted of abuse
Placed under no-contact, bail, or probation conditions
Using consent refusal to exert coercive control
You can file for an urgent or emergency motion. Be sure to include:
Police reports or court documents
Proof of the child’s medical or educational clearance for travel
Evidence of the child’s desire to go
The court may bypass the abuser’s input entirely.
🌀 The Irony: Teens Have Rights—Except This One
Here’s where it gets especially frustrating: Even at 16 or 17, your child cannot legally travel abroad without both parents’ permission or a court order.
This is despite the fact that in Ontario, a 16-year-old can:
✅ Leave home and choose where to live ✅ Consent to all medical procedures ✅ Work full-time or part-time ✅ Apply for government assistance ✅ Drive a car ✅ Be a parent ✅ Be tried in adult court ✅ Consent to sexual activity ✅ Join the military reserves (with consent) ✅ Decide to stop going to school
But they cannot fly internationally, even with return tickets, a chaperone, and months of planning—unless both parents agree or the court steps in.
🧾 Going to Court for Permission
If you need to take legal steps to travel, here’s what to do:
Speak to a lawyer, or contact legal aid or duty counsel
File a motion requesting permission to travel
Include:
The itinerary, ticket proof, and purpose of travel
Your custody agreement or parenting order
Any communications showing consent was denied or ignored
Details of the child’s support for the trip
A copy of any criminal charges or no-contact orders, if applicable
Ask the court to:
Grant permission for this specific trip
Waive the need for the other parent’s signature
Grant future travel rights without repeat motions (if appropriate)
🧠 Tips for Navigating Travel and Conflict
Plan early. Legal motions can take time
Keep records of all communication about the trip
Don’t contact the abusive parent directly if there are protection orders—go through lawyers
Make it about the child’s benefit, not your frustration
Check your parenting order. Some may allow travel with notice but not full consent
Always carry documentation to avoid border issues
📚 What If My Court Order Doesn’t Mention Travel?
If your current agreement is silent on travel, that doesn’t mean you’re free to go. You still need written consent or a court order for international travel. It may be time to return to court and ask for a modified or clarified parenting order that includes travel provisions—especially if this issue keeps coming up.
🧷 Final Thoughts
Travel opens the door to independence, education, joy, and healing—but when joint custody is clouded by conflict or abuse, even a well-planned trip can be blocked. If your co-parent refuses consent out of control—not concern—you have options. The law protects your child’s right to grow, learn, and experience the world safely, without being held hostage by someone else’s power.
