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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 10-09-2007, 12:03 AM
AnginMJ AnginMJ is offline
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Default Permission to travel with child

I am planning to travel outside of Canada with both of my children this spring. I am just finalizing my divorce? (legal seperation?) I need help with the letter that would indicate that I have permission of my son's dad.

I went to website and found the very vague and general letter of permission to travel with minors.

I do not have a divorce decree. We have an interm agreement which does not indicate custody, generalizes when son will be with who.

Any free websites out there that you know of that I could download a permission letter/affidavit and fix up myself? (and get notorized)

Sounds like I will need this permission from Dad prior to applying for passport also, along with his signature on passport.

Any info would be greatly appreciated!!

Old 10-10-2007, 10:07 AM
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littleman littleman is offline
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you are right Angela you do need the non custodial parents permission.......and even with their written consent you may have a time at customs.........I was married at the time to my childs father and they gave me a hard time to take my child to Florida.....even with a letter of acknowledgement........if you plan on flying definately make sure you take more than the requested hour prior to departure to make sure they have enough time if wanted to contact your childrens dont need a form need him to write down in his handwriting that he is aware that you are leaving the country and your destination and the amount of time you will be gone........have him include a daytime phone number he can be contacted at........make sure you supply him with a detailed itinerary of your trip with your children with phone numbers to contact you at......dont leave anything to chance
Old 10-11-2007, 09:11 AM
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Old 10-11-2007, 11:29 AM
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My 2 cents worth of colaboration

Don't sway from the planned iteniary without written consent from the other parent. Even custodial parents can be charged with child abduction under the criminal code.

Apparently, when the child has their access with their non custodial parent, the child is under their care,charge and control.

See this post:

Invoking S. 282 of the Criminal Code


I came across a interesting case

R. v. Petropoulous, (1990), 29 R.F.L. (3d) 289,(B.C.C.A) The court held that a mother with specified access rights could invoke s.282 of the Criminal Code to prevent the father, who had sole custody, from removing the children from the province as this would deprive her of lawful care or charge of the child. From the Judgment:

It seems to me that, while obviously not a right to custody, the right to have what is described as "access" in circumstances such as these, where it is clear that the child will be living, albeit temporarily, in the company of one parent to the exclusion of the other, involves a transfer of "lawful care of charge" to the non-custodial parent for the duration of access period described. While the word "access" is used, indicating that the order does not contemplate joint, or alternating, custody, what is granted by such an order as this is more than merely a right to visit while the child is in the possession, care or charge of the other parent. It involves transfer of the child from the possession, care or charge of the "custodial parent" to that of the non-custodial parent.
Abduction in contravention of custody order
Section 282(1) of the Criminal Code ( R.S., 1985, c. C-46 )

282. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.
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