You got to the airport only 90 minutes before your international flight because you had to go back home to get your child’s blankie! But, you got to the airport on time and all you have on your mind is to check in and drop off your luggage on time. But wait! Did you bring the signed consent form allowing you to travel outside of Canada with your children?! The last thing, of course, you want is to be barred from check-in because you do not have the right consent form, or worst, to be stuck in a strange country and not being able to fly home because you do not have a consent form allowing to travel outside of Canada with your children, particularly when you are separated or divorced.
How to get the consent form to travel outside of Canada with your children in Separation or Divorce?
First, make sure you have the right consent form. The government of Canada has a recommended consent form to travel, which is available free of charge.
Second, make sure the consent form contains the correct information.
Third, make sure you do this at least a month before your travel: get your ex to sign the consent form allowing travel outside of Canada with your children. This needs to be either notarized or witnessed by a third party. Educate yourself whether the airline or the country you are visiting requires a notarized copy of the consent form to travel with your children outside of Canada.
Easier said than done! What if your ex refuses to sign the consent form to travel outside of Canada with your children?
Make sure you ask your ex in advance of the planned travel to sign the consent form to allow you to travel outside of Canada with your children. If he or she refuses to sign the consent form, try to find out the reason behind his or her refusal. Consult with a lawyer to see what your next step should be. In most cases, if one parent is being unreasonable, you can bring an application to the court asking for an order permitting you to travel outside of Canada with your children. The evidence you need for this application is generally in the form of an affidavit. Depending on which court has jurisdiction over your matter, you can bring this application in Supreme Court of BC or the Provincial Court of BC.
We suggest that at a minimum you include the followings in your affidavit:
- the date of your travel and a travel itinerary
- the reasons for your travel
- copies of your flight ticket and your children’s ticket, including the return ticket, if available
- copies of correspondences with your ex where you have requested him to sign the consent form and his refusal
It may be onerous to put together all the materials and deal with all the stress, especially when you have impeding travel plans. But do not worry, you can always contact a lawyer to assist you. We take on urgent cases, where we have to bring an application to court to allow for travel outside of Canada with your children. Contact us for your free 30 minutes initial consultation to see how we can move forward.
Happy travels from all of us at Nasser Allan LLP!