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Even with full child custody other parent must authorize travel

Sometimes, a person who has gone through a divorce in Ontario wants to get away from it all and relocate to another province or country. However, this could be a complicated process if that person wants to take a child along -- even if he or she has sole child custody. There are particular steps to follow before a child may travel across borders.

When a child travels with an adult, border officials may ask the adult for documented proof to show the person has authorization to remove the child from his or her home. A parent may be wise to check the court order or divorce agreement before travelling. The other parent's permission may be required before such a trip may be taken.

The parent may have to produce a letter of consent from the other parent. Also, obtaining a passport for a child that is under the age of 16 can only be done with the signatures of both parents on the application. Furthermore, that parent may have to share all the details of the trip with the other parent. This includes travel times, flight numbers, and the destination and address at which the child will be staying.

This may all seem overwhelming at a stressful and emotionally taxing time soon after a divorce -- or even during the separation. Fortunately, help from an experienced lawyer is available. An Ontario lawyer can explain the requirements that must be met before the trip. Furthermore, the lawyer can help with obtaining the necessary documentation to comply with child custody laws when travelling.

Source:, "Travelling with a child", Accessed on Feb. 3, 2018

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