Do I still have to let my kids travel with my ex for March Break amid COVID-19?

We are all very familiar with the pandemic currently spread across the world. Yesterday, the Ontario Government announced the closure of all publicly funded schools for two weeks following March Break, which is set to commence this Monday, March 16th.

March Break tends to be one of the busiest travel seasons… but not so much this year.

While most of us with travel plans have made the decision to cancel or reschedule, others are taking advantage of the cheap cost of travel and have decided to take the risk and travel anyway. 

So what happens if your ex-partner insists on taking your children away for March Break during his or her parenting time with the kids? Do they have to go? Do you have to sign the travel consent form as required by many international laws and customs officials?

The short answer is no.

But you should be aware that if you do refuse to sign a travel consent for your children to go on vacation with your ex, he or she may bring forward a Family Court motion, seeking to dispense with your consent to travel. 

When a parent is unreasonably withholding consent for a child to travel, the travelling party tends to be successful on this type of motion, so long as the proposed travel is in the child’s best interests. When parents ask judges to make or resolve arguments over, parenting decisions, the judge is required to make the Order that is in the child’s best interests.

But, amid COVID-19, it will be very difficult for a Family Court Judge to find such travel is in a child’s best interests. This is particularly true for as long as the Government of Canada advises everyone to avoid all travel outside Canada.

Not only does a child risk being quarantined in a foreign jurisdiction amid increasing coronavirus concerns and border shutdowns, but of course, there is the risk of your child actually contracting the virus.

And even if your child isn’t quarantined while away or ill, it is highly probable that the child will be quarantined upon their return to Canada. This would mean you – the non-travelling parent and presumed healthy one – wouldn’t be able to see your child for the entire quarantine period. On top of that, there is a chance that the “self-isolation period” for your child could extend past the school shutdown ordered by the Ontario Government. For children who need additional assistance in school (exceptional pupils), a prolonged absence from school could have a negative impact on their education. That is something that a judge will take into consideration if asked to decide whether to allow a trip. It is always important to make sure you have evidence to present to the judge about what is in your child’s best interests whenever you go to Family Court.