My Ex won’t sign a travel consent for our child? What do I do?

Usually, judges let parents travel with the children, unless the trip presents some sort of danger – such as travel to a war zone or where there is a worry that the travelling parent will not return to Canada with the children. Judges do tend to be very cautious about allowing travel to countries that are not party to the Hague Convention on the Civil Aspects of International Child Abduction. Aside from that, and travel that is dangerous in some way, judges usually believe that travel is beneficial to children and helps them grow. So, they allow it, unless there is a GOOD and PROVEN reason not to permit it. (With the exception of “non-hague travel” the refusing parent should not base the refusal on groundless speculation.)

If the other parent is not refusing for a good reason, then you will have to go to court to get a judge to approve the trip. (Unless you have a parenting coordination or family arbitration agreement that simplifies the process – see this for a little more.) Watch the video below on the family court process, or listen to the Ontario Family Podcast episodes on the court process. If you are going to court, you will probably also want to get a copy of the book below as court can be complicated. 

Evan what form you use to go to court to get an order allowing the trip depends on whether you have an existing parenting order or agreement, and whether that parenting order or agreement addresses out-of-country travel and has terms that require parents to permit such travel either absolutely or under certain conditions.

• If there is no existing parenting order or agreement that addresses travel, then you are to start a new court application (Form 8) and then bring a motion (Form 14) with a supporting affidavit (Form 14A). 
• If there is an existing parenting order or agreement but the travel provisions are inadequate or do not address the current situation, then you need to bring a Motion to Change, the forms for which are all under Rule 15 (and are numbered Form 15 followed by a letter). If it is an agreement, not a court order, then you need to file the agreement with the right court first, using Form 26B. 
• If there is an existing court order, and the other parent is not following it, then you just need to bring a motion using Forms 14 and 14A.
• Finally, if there is a parenting agreement that is not being followed, but no order, then you can file the agreement using Form 26B and then bring a motion to enforce the agreement using Forms 14 and 14A.

Even a straightforward court appearance to get permission to travel can be very expensive. However, if the other parent is unreasonably refusing to give travel consent, judges are prone to order them to pay most or all of your legal fees associated with getting the permission to travel. 

To ensure that you get to go on the trip, it is best to get a lawyer to put your case together for you and present it to the judge in a way that will make the judge very sympathetic to you and allow the trip. A good lawyer will also fight to get your fees back in these circumstances. To contact Certified Specialist in Family Law, Toronto Family Lawyer, John Schuman, call 416-446-5869, email him, or use the form below the comments. We answer all inquiries promptly.

For more on travel consents, other child custody and access matters, a description of the court process for these types of issues, and a longer description of the alternatives to court, get a copy of this best-selling easy-to-understand book on Ontario Family Law. You can get it and start reading it in minutes for $9.99 from the Canadian Kindle Store, Kobo, or as an iBook for iPad, iPhone or Mac, or you can order the paperback. It also covers many other family law issues and provides lots of tips for staying out of trouble and getting what you want in family court cases. 

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