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  • consent to travel help

    3+ yrs in the making - I delusionally hope we are near a settlement. Latest Major bone of contention (especially for my wife) is the mother of my child is currently insisting we CANNOT leave the country with my child. Never once have I EVER done anything to give her the idea I'm a flight risk. First & foremost I would never traumatize my child (he's 6) in such a manner. Thus when we have our child for spring break we can't even take him on a cruise.

    Our lawyer has changed her settlement to say we are allowed to travel outside the country provided "mother consents in writing, such consent not to be unreasonably withheld" issues with that is WHO defines / enforces "unreasonable". She feels her denying consent is reasonable, "no you can't take my child to Cozumel, they are shooting people in Mexico". Does anyone else have insight into international travel? Assistance with wording on settlement w.r.t international travel? Something that isn't so grey, that will invoke a battle every March break? THX for any assistance you can provide!

  • #2
    That's a pretty standard clause, I don't think there is any alternative to that.

    Additional suggestions:
    - Each parent will provide to the other, on request, a notarized travel consent letter. The letter content will follow the guidelines of the Cdn Department of Foreign Affairs. The travelling parent will reimburse the other parent promptly for the cost of notarizing the letter.
    - The mother will ensure that the child has a current passport at all times.
    - The mother will obtain an updated passport for the child promptly, on request, if the expiry date does not satisfies the requirements for the planned travel.
    - The mother will bear all costs for the child's passport applications.
    - The mother will retain the child's passport.
    Last edited by dinkyface; 03-16-2010, 06:41 PM.


    • #3
      what happens if she refuses to sign consent

      Thank you for your informative response.

      My concern is that she will refuse to sign the consent. with the "unreasonable" clause. I was hoping there was something that stated basically if the Foreign Affairs and International Trade Canada didn't have a travel advisory then she would HAVE to sign consent..or something along those lines.


      • #4
        Our court order also states, that in the event that either parent should want to travel to a country that is not a signatory to the Hague convention on the Abduction of Children, the party will provide at least 60 days notice before travel. This provides the other parent with an opportunity to take the matter to court if concerned about a flight risk.


        • #5
          My custody order states.

          - Custodial parent can take the child outside the country for the purposes of a holiday without the other parties consent.

          I've travelled to the US (bunch of times) and Cuba. I have never had an issue with custom officials wanting to see paperwork. Most questions are asked by Canada customs when re-entering the country.


          • #6
            Danny Boy, I think that clause in your settlement was unreasonable.

            Most judges order that either parent can travel with the child on holiday, with the other parent to provide travel consent and documentation upon request, with costs of any documents paid for by the parent making the request.

            We have added to our court order that the child's health card will travel with the child for every access/vacation visit, and that birth certificate and passport will be provided upon request.

            We have travelled with my stepson to the US and never had any problems. Even though we bring a consent to travel signed by my stepson's mother, we have never been asked for it.


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