Travel Consent Letter: travelling with children after separation

Travel Consent Letter: travelling with children after separation

Planning an international trip with your child can be an exciting experience. However, for separated or divorced parents, there's an extra layer of planning required to ensure a smooth journey: a travel consent letter. In many cases, this means vacation plans must start even earlier to ensure you have the travel consent letter ready when it is time to go.

At Revive Law, we understand that navigating co-parenting arrangements involves many practical considerations. Our goal is to provide clarity and support, helping you manage these details so you can focus on creating positive memories with your children, and enjoy your time off.

What is a Travel Consent Letter?

A travel consent letter is a document that demonstrates to immigration authorities, airline staff, and border officials that a child is travelling with the permission of both parents or guardians. It is not a legally mandatory document in the strict sense, but it is highly recommended by the Government of Canada for all children under the age of 18 travelling abroad alone, with only one parent, or with someone other than their parents. The challenge is that Canada has no jurisdiction outside its borders and each country may impose their own rules to accept children with only one parent in their territory.

Think of it as a proactive measure to prevent delays or issues at border crossings. Officials are trained to be vigilant about potential parental child abduction or trafficking. A clear, signed consent letter can quickly resolve any questions about your authorization to travel with your child. The golden standard is to have a travel consent letter with all the trip details (i.e. accommodations, flights, contact information at destination) signed by the non-travelling party with their notarized signature.

Why Is It So Important for Separated Parents?

For separated parents, a travel consent letter is particularly critical because:

  • It Shows Cooperation: It demonstrates that both parents are aware of and agree to the travel plans, which can alleviate concerns from authorities.
  • It Clarifies Custody/Decision-Making: If your parenting agreement or court order doesn't explicitly state that one parent has the sole authority to travel internationally without the other's consent, the letter provides that necessary permission for a specific trip.
  • It Prevents Delays: Without a consent letter, you could face significant delays at the border while officials verify your situation. In some cases, you could even be denied entry or exit.

What Should a Travel Consent Letter Include?

A travel consent letter doesn't need to be a complicated legal document, but it should be clear and contain specific information. It should include:

Information about the Child:

  • Full name
  • Date of birth
  • Passport number and details (if available)

Information about the Travelling Parent/Guardian:

  • Full name
  • Relationship to the child
  • Passport number and details (if available)

Information about the Non-Travelling Parent/Guardian:

  • Full name
  • Address
  • Telephone number
  • Email address
  • A clear statement that they give their consent for the child to travel with the other parent/guardian

Trip Details:

  • Destination(s) (country and, if possible, specific cities)
  • Dates of travel (departure and return)
  • Flight details
  • Reason for travel (e.g., vacation, visiting family)
  • Where the child will be staying (e.g., hotel name and address, relative's address)

Important Tips for Creating and Using the Letter:

  • Get it Notarized: While not strictly required, it is highly recommended to have the travel consent letter notarized (with the signature witnessed by a notary public). This adds an extra layer of authenticity and is often expected by foreign border officials. The younger the child, the more strict officers may be.
  • Carry Original and Copies: The travelling parent should carry the original notarized letter. It's also a good idea to have a copy. Do not count on an electronic signed document being accepted.
  • Carry Supporting Documents: In addition to the letter, it's helpful to carry copies of your child's birth certificate (long-form, showing parents' names) and any relevant court orders or parenting agreements that clarify custody and travel arrangements.
  • Plan Ahead: Don't leave this until the last minute. Discuss travel plans with your co-parent well in advance and allow time to draft the letter and get it notarized. Before purchasing air tickets, get your co-parents consent to your travel plans in writing (i.e. email). Once you have the reservations, prepare the travel consent letter for their signature with a notary.

Revive Law Can Help

Navigating travel arrangements can be one of the many practical challenges of co-parenting. If you have questions about travel consent letters, need assistance drafting one that reflects your specific parenting agreement, or are facing difficulties in obtaining consent from your co-parent, Revive Law is here to help.

We can review your existing agreement or court order, advise you on your rights and responsibilities, and help you navigate this process with clarity and peace of mind.

In high conflict situations, court intervention may be necessary to obtain a court order authorizing the travel, if the other parent refuses to cooperate. If that is the case, plans may need to be postponed as most judges will not see vacation plans as urgent and it will be a few months before a judge will hear a motion for travel consent.

Ready to plan your trip with confidence? Contact Revive Law today to discuss your family law needs.

About Revive Law – Family Law, Collaborative Divorce, and Mediation

We understand that legal challenges such as divorce, parenting arrangements, or marriage contracts (“prenuptial agreements”) are never just "legal matters"—they are profound human experiences filled with stories, emotion and uncertainty. With this understanding, lawyer and mediator Camila Motta founded Revive Law Professional Corporation to provide a better path forward for their clients’ new beginnings.

Revive Law is more than a traditional law office. It is a supportive, structured space designed to help individuals and families navigate delicate transitions with confidence, empowerment, and respect.

We specialize in Family Law, Mediation, and Collaborative Divorce, prioritizing out-of-court solutions that reduce emotional strain, preserve relationships, and promote autonomy. Our approach combines legal competence with empathy and active listening, recognizing that every case involves real people and real stories.

With an international and diverse background, Camila is known by clients for her discretion, steadiness, and human-centered approach. Our work is grounded in three core pillars:

  • Trust: Transparent guidance that brings safety.
  • Structure: Clarity that supports informed decisions.
  • Dialogue: Communication that opens healthier paths forward.

Whether you are navigating a separation, divorce, discussing parental responsibilities, preparing a cohabitation agreement or marriage contract, or seeking preventive guidance through Wills and Powers of Attorney, Revive Law is here to support you. Our purpose is to help you move through change with respect, clarity, and emotional intelligence.

Learn more:
🌐 www.revivelaw.ca

FAQ: Travel Consent Letters

Do I always need a travel consent letter, even for short trips?

While it's not a legal requirement for every trip, it is highly recommended for any international travel with a child, regardless of the duration. It's better to have it and not need it than to face delays or issues at the border because you don't have one. You will only know for sure whether it will be required when you are effectively leaving or entering the country, which is too late if you are not prepared.

What if my co-parent refuses to sign a consent letter?

If your co-parent unreasonably withholds consent for travel, you may need to seek legal advice. Depending on the terms of your parenting agreement or court order, you may need to apply to the court for permission to travel. If a court order is needed, you will need a motion, which may take months to be heard, especially if you don't have an ongoing court case. Mediation can also be a helpful tool to resolve such disagreements, in a faster and more effective way.

Do I need a consent letter if I have sole custody/decision-making responsibility?

Even if you have sole custody or sole decision-making responsibility, it is still advisable to carry a consent letter from the other parent if they have parenting time or access rights. Border officials may not be familiar with the specifics of your Canadian court order. Your separation agreement is a contract between you and your ex. Border officials may feel uneasy authorizing a child to leave a country without confirmation from the other parent. If the other parent is deceased, you should carry their death certificate.

How long is a travel consent letter valid for?

A travel consent letter should be specific to a single trip, including the destination(s) and travel dates. You should create a new letter for each international trip.

Can Revive Law notarize my travel consent letter?

Yes, as a lawyer and Notary Public in Ontario, Camila Motta can notarize travel consent letters. We can assist you with both drafting and notarizing the document, as well as creating agreements that will set you up for successful travel planning with your co-parent.