One of the questions that family lawyers most often receive from separated parents is, “Can I travel internationally with my children?” 

The answer: it depends. 

Relocating With Your Child After Separation

If you are seeking to travel for the purpose of relocating with your child, that is a complex issue with its own legal procedure and considerations. The lawyers at Westside Family Law have discussed the topic of relocations in our previous blog post, Moving With Your Child After a Separation, and can assist with relocation applications. 

Vacationing With Your Child

If you are looking to travel with your children for a vacation, then there are several key questions that will affect whether you will be able to travel with your children:

Will the other parent agree to your trip? 

If you do not currently have a clear agreement or order on parenting arrangements, you may find it more difficult to get the other parent to agree to your travel plans. 

Where will you be travelling to? 

This is an important question, for both the other parent and for judges hearing a travel application, which can be brought if the other parent refuses to allow any form of travel. 

Courts, when deciding whether a child should be allowed to travel internationally, prioritize the safety of the child. This includes the question of whether the child will be returned to Canada. 

If you are planning to travel internationally, it is helpful to confirm if the destination country is a signatory of the Hague Convention on the Civil Aspects of International Child Abduction. Additionally, Canadian travel advisories can be a useful indicator of whether or not a proposed trip would be safe for a child. 

What is the purpose of your trip? 

If the other parent raises doubts as to whether you will return to Canada with your child, you may need to provide evidence and other details regarding the purpose of travel, including how the travel is in the “best interests” of the child.   

Talk to a BC Family Law Expert

Based on the above, you may be wondering, “How do I know if I have a reasonable travel plan?” or “What are my options if my ex rejects my travel plans?”

Because the outcome of travel applications—especially international travel—can greatly depend on the available facts, it is essential that you obtain legal advice from family lawyers experienced with travel issues. 

The family lawyers at Westside Family Law can guide you through the travel process, as well as prepare the necessary documentation to protect your interests as a parent.