If you are travelling with a child, there are legal requirements you must obey, both in Canada and abroad. For example, all children, including babies, need passports to travel outside of Canada and if only one parent is travelling with the child, they must have a court order or written consent from the other parent to travel.
The information on this page applies to parents who are in a relationship together and those who are not.
On this page, “parent” refers to both parents and guardians.
Need to know
- You should create an itinerary for your travels, whether you are travelling with or without the other parent.
- If your child is travelling outside of Canada, they must have a valid passport.
- You must have written consent from the non-travelling parent to travel alone with your child.
- If you and the other parent cannot agree on whether your child should travel, the court can decide.
- If the other parent leaves the country with your child without your consent, a court can order the other parent to return your child to Canada.
Get started
Learn the basics about who are a child’s parents and guardians before you travel.
Next, you should:
- think about whether the travelling is in the child’s best interests
- if you are travelling without the other parent, think about how they will react to your proposed travels
- think about how your proposed travels will impact other people’s relationship with the child, including the other parent and those who have with contact with the child
- if you have a parenting plan or order, know what it says about travelling with the child, both inside and outside Canada, and making major decisions for the child, including applying for a passport
Create an itinerary
A detailed itinerary is a good communication tool even if you and the other parent are living together or travelling together.
An itinerary should include:
- dates and places
- where and with whom the child will be staying
- how to contact you and the child
Give a copy of the itinerary to the other parent, if they are not travelling with you, as well as to a trusted family member. That way, someone knows where you plan to be in case something goes wrong.
Hot tip
If you are travelling within Canada, you do not need a passport. However, you should still carry identification for the child and proof of your relationship with the child when travelling with them. Identification can be a birth certificate, guardianship order or parenting order.
If you are travelling outside Canada
Get a passport for your child
Children travelling outside of Canada, including newborn babies, need their own passport. Children cannot travel using their parent’s passport.
Both parents must sign the forms to apply for a child’s passport unless a court order says otherwise. A generic clause in a parenting order that gives one parent sole decision-making authority is usually not enough for Passport Canada. Often, they want a specific clause saying one parent can apply for the passport without the other parent’s consent.
To apply for a passport for your child, follow the steps on the Government of Canada’s website.
Check the travel requirements for the country you are visiting
Every country can make its own rules about who visits their country and what they need to bring with them when they do.
When you start planning your travels, review the Government of Canada’s Travel Advice and Advisories webpage to learn about travel warnings, entry requirements, and vaccines for different countries. Find the countries you will be visiting and review the information carefully.
You can also check with the embassy or consulate of the countries you will be visiting to see what documents they need. You may be able to find this information online or you may have to call them.
Airlines, trains and other transport companies have rules for passengers. Check with each company you are travelling with to see what documents they need for a child.
If only one parent is travelling
Sometimes only one parent will travel with the child. This can happen whether the parents are still together, separated or divorced. If you are the parent travelling with the child and without the other parent, preparation is key.
Talk to the other parent
Each parent with decision-making authority should be part of a conversation about a child’s travel as they have rights and responsibilities towards the child.
If you are separated or divorced, talk to the other parent about your plans to travel with your child. You must work with the other parent to make a decision about travelling with your child unless your parenting plan or parenting order says otherwise.
If your travel interferes with the other parent’s parenting time, talk to them about how you can make up this time.
Learn more about how to effectively talk with the other parent about issues such as travel on the How to communicate with the other person page. If you and the other parent cannot communicate well with each other, get help from a professional without going to court.
Get written consent from the non-travelling parent
A consent letter says you have permission from the other parent to travel outside Canada with the child but without the other parent.
Having a consent letter can make international travel easier. Foreign immigration authorities in other countries may ask for it when you enter or leave their country. Canadian officials may also ask for it when you return to Canada.
You can download a consent letter template (PDF) from the Government of Canada’s website. You can also write your own, but make sure it has all the same information.
Each parent who has decision-making authority for the child but will not be travelling with the child should sign the letter. The Government of Canada recommends you have a Notary PublicNotary Public A person appointed by the Government of Alberta to administer oaths, certify a document is a true copy of another and witness the signing of legal documents to be used anywhere in the world. For example, a person can swear/affirm an affidavit before a Notary Public that will be filed with a court in another province. witness the letter so border officials will be less likely to question whether it is real.
If you want to travel with your child but the other parent refuses to sign a consent letter, you can take further steps.
Get or change a parenting order
You may want to get or change a parenting order if:
- the other parent is refusing to sign the forms to apply for your child’s passport
- the other parent is refusing to sign a consent letter allowing you to travel with your child
- the other parent is refusing to let your child travel
- your parenting plan or parenting order does not address travelling with your child
You can also ask the court to make or change a parenting order to let you travel with your child without the other parent’s consent.
Before making a decision, the court will ask for a copy of your itinerary and think about whether travel is in the best interests of the child.
Learn more about the forms and process on the Get or respond to a court order page.
If you think the other parent will not return the child
Get help from a lawyer immediately if you think the travelling parent will not return the child to you. In an emergency, you can apply to the court without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. to the other parent to have the child’s passport taken away from them.
If the other parent does not return with the child when they were supposed to, contact the police immediately.
Learn more about international child abductions on the Government of Canada’s website.
Potential issues
The parents do not agree on the child traveling.
Learn how to communicate with the other person or resolve disputes without going to court.
One parent cannot contact the other parent.
You can ask the court for a new or changed parenting order allowing only you to travel with your child and to sign any required documents.