Can I travel abroad with my child after separation?
Yes, with the other parent's written consent or a court order that allows it. Canada does not legally require a consent letter, but airlines and border officials often ask for one. If the other parent refuses, an Ontario court weighs the benefits of the trip against the risk the child will not come back.
Key points
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Check your parenting order or agreement first. Many set notice periods, consent requirements or limits on travel.
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Carry a signed consent letter from the other parent, ideally witnessed by a notary, and a copy of any court order.
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For a child's passport, every parent or legal guardian is generally expected to take part, and you must include any order or agreement on parenting.
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When a parent objects, courts ask whether the benefits of the trip outweigh the realistic risks. The risk the child will not be returned is at the centre.
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Whether the destination is a Hague Convention country that Canada recognizes matters, but it does not decide the case.
Planning a trip, or worried about one? Book a free 15-minute call about travel with your child.
Do I need the other parent's consent?
Start with your order or agreement. Many parenting orders and separation agreements say how much notice to give, what itinerary to share, whether the other parent's consent is needed, and whether some countries are off limits. If yours does, follow it. If it says nothing, whether one parent can decide alone may depend on how decision-making responsibility is shared. With joint decision-making, get the other parent's agreement before travelling abroad.
The consent letter. The Government of Canada says a consent letter is not legally required in Canada. But foreign officials, airlines and Canadian border officers may ask for one, and travel can be delayed or refused without it (Government of Canada). It recommends a letter whenever a child travels abroad without one or both parents. That applies even if a parenting order or agreement lets one parent make travel decisions alone. The letter usually:
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names the child, both parents and the adult travelling with the child, with contact details;
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gives the destination and travel dates; and
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is signed by the parent who is not travelling.
Any adult can witness the signature, but the government strongly recommends a notary public. Carry the original letter, not a copy, and a copy of any court order or parenting agreement.
Passports. Immigration, Refugees and Citizenship Canada generally expects every parent or legal guardian to take part in a child's passport application. You must include every legal document with valid terms on decision-making, parenting time, mobility or the child's passport (IRCC). If the other parent will not cooperate, contact IRCC; a court order may be needed. A parent worried about an unauthorized application can ask IRCC to add the child to a list kept for children's safety. A child with dual citizenship may also be able to travel on another country's passport.
What do courts consider when one parent refuses?
The parent who wants to travel can ask the court for an order allowing the trip without the other parent's consent. The other parent can ask for an order preventing it. Either way, the court decides on the child's best interests, weighing the benefits of the trip against the realistic risks (Mahadevan v. Shankar, 2010 ONSC 5608). Ontario cases show these factors:
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The risk the child will not be returned. This is the central question. Courts look for real evidence, not just fear. Even for a country outside the Hague Convention, an order blocking travel needs evidence of a possible abduction (Hamid v. Mahmood, 2012 ONCJ 474).
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The travelling parent's ties to Canada. Strong ties reduce the risk. In Purushothaman v. Radhakrishnan, 2014 ONCJ 300, eight years in Canada, steady work, a condo and a pending citizenship application supported a trip to India. Few ties increased the concern in Mahadevan.
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Hague Convention status. Important, but not decisive. A country that has joined the Hague Child Abduction Convention offers a legal route to return, but only if Canada has accepted its joining. Canada had not accepted Pakistan's, so the Convention did not apply (Zafar v. Azeem, 2024 ONCA 15; Badar v. Danish, 2024 ONSC 3942). For other countries, courts have noted there may be little a parent in Ontario can do once the child is there.
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Purpose and benefit to the child. Family events, visits with grandparents and connection to the child's heritage weigh in favour (Barritt v. Barritt, 2016 ONSC 4746; Yacoub v. Yacoub, 2010 ONSC 4259).
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The child's age. Older children benefit more and remember more. One court gave less weight to a trip for a very young child (Palterman v. Palterman, 2015 ONSC 1823).
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Safety at the destination. Government travel advisories and unrest weigh against travel (Badar; Cook v. Cook, 2019 ONSC 1859).
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Timing and length. Trips during school terms, or open-ended trips, draw more concern than a defined holiday.
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Conflict and past conduct. Ongoing high conflict, threats to leave, past late returns or breaches of orders weigh against travel. A history of returning on time weighs in favour.
What safeguards can a court order?
Where a trip has real benefits but some risk, courts often allow it on conditions rather than refusing outright. Common conditions include:
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a detailed itinerary, return ticket and contact address abroad, given well in advance;
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a limit on the length of the trip and the countries visited;
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the other parent, or a lawyer, holding the child's passports between trips;
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a notarized statement by the travelling parent confirming Ontario is the child's home and promising to return the child;
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a cash deposit or other security, forfeited if the child is not returned on time;
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regular video calls with the other parent during the trip; and
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for some destinations, a "mirror order" from a court in that country recognizing the Ontario order.
What to put in your parenting plan about travel
Most disputes can be avoided by deciding the rules in advance:
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how much notice each parent gives before travel abroad, for example 30 days;
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what information is shared: itinerary, flights, accommodation and contact details;
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that the other parent will sign a consent letter for trips that follow the rules, within a set number of days;
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who keeps the passports and how they are handed over;
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whether any countries need specific consent or a court order; and
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that travel will not cut into the other parent's holiday time without agreement.
See Parenting plans in Ontario for the rest of the plan.
What if my child is not brought back?
Act immediately. If you believe a child is about to be taken out of Canada, call the police. Taking or keeping a child in breach of a parenting order, or against the other parent's rights, can be a criminal offence. Then get legal advice on the same day.
Hague Convention countries. The child may be in a country that has joined the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and whose joining Canada has accepted. If so, you can apply through Ontario's Central Authority for the child's return. The court in the other country decides only where the child should be returned to, not the parenting dispute itself. Speed matters. If more than a year passes, that court can refuse to order a return if the child has settled there.
Other countries. There is no treaty process. Options depend on that country's law and may include court proceedings there, which are often slow and uncertain. Global Affairs Canada can provide consular help but cannot force a return. This is why Ontario courts look so closely at trips to these countries before they happen.
Within Canada. Ontario orders can be recognized and enforced in other provinces, and the police can help enforce an order to return a child.
Keep copies of your parenting order, the child's passport and birth certificate, and recent photos where you can reach them quickly.
Talk to a family lawyer about travelling abroad
Start with a free 15-minute call to talk through your situation and the next step. Travel motions are time-sensitive, so contact us well before the trip. From there, we can negotiate consent and safeguards, or bring or answer a motion.
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A free 15-minute phone call to talk through your situation and the next step
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Travel motions and related work at $275 an hour plus HST or under a limited-scope retainer, with a written estimate first
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Later meetings by phone, by video or in person at 5200 Yonge Street, Suite 200, North York
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Urgent or out-of-hours: leave a voicemail or send a text to 416-858-1320. If a child is about to be taken out of Canada, call the police
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Legal Aid Ontario certificates accepted
Book a free 15-minute call about travelling abroad with your child · Call 416-858-1320
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Last reviewed: November 1, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.