Coparenting after separation is not without its challenges. Sometimes, separated parents can disagree on what is best for their children, which can be tricky to navigate. For example, one parent may want to travel abroad with their children while the other does not agree to the proposed trip.
By law, unless it has been withdrawn by Court judgment, both parents have full parental authority. This means that each parent has equal say on important decisions for their children such as education, healthcare, and travel. However, when parents cannot agree on these types of decisions, a Court may have to intervene.
Say, for example, your ex-wife wants to take your two young children to Egypt for Christmas. While you are not opposed to her going on vacation with the children over the holidays, you do not agree with her taking the children to Egypt due to safety concerns. You know that the Government of Canada’s travel advisory for Egypt is to “exercise a high degree of caution.” After speaking with a lawyer, you learn that Egypt has not signed the Hague Convention on the Civil Aspects of International Child Abduction, which means that if in the worst-case scenario one of your children were abducted, Egypt would not be bound to work together with Canada for the child’s safe return.
If you told your ex-wife that you do not consent for your children to go on such a trip and she still insisted on the trip, she might present a motion called a Request for Travel Authorization to a judge at the Superior Court.
The judge would determine whether the trip in question is in the children’s best interest. The Quebec Court of Appeal summarized the factors that the Court will consider when analyzing the best interest of the child with respect to requests for travel authorization in Droit de la famille – 1916241. These factors include:
- Whether or not the destination is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction
- The security, risk level, and travel advisories related to the country
- The child’s age
- The reasons why the parent has chosen that destination
- The relationship between the child and their extended family living in the destination, if applicable
- The relationship between the co-parents
- The traveling parent’s degree of attachment to Quebec
- The traveling parent’s degree of attachment to the destination
The Court further elaborates that none of the above factors are determinant on their own, however they should be considered together as a whole to determine if the proposed trip is in the child’s best interest.
If both parents do agree on a parent’s trip abroad with the children, the traveling parent should obtain a signed letter of consent from the other parent. The Government of Canada has created a template Consent Letter that they recommend parents use to demonstrate having obtained the consent for travel. This letter can be found here.
If you wish to travel with your children but your ex does not consent, or a trip is proposed that you do not agree with, we recommend that you consult with us to see what your rights are and how you can best protect your children’s interests.
1 2019 QCCA 1351, para. 20
