Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Travel by Children —
Who Needs Authorization by a Parent to Travel? Many jurisdictions (locations) are concerned about child abduction. How strict the rules are, or how they are applied, depends on the jurisdiction, the details, and the people involved. Boarders can be unpredictable. Who Can Authorize Travel? If the parents have not separated, one parent might be able to authorize travel. However, there will be a problem if the other parent does not consent. It is safer to get both parent's consent. If the parents are separated, then you will need:
What Proof of Authority & of Authorization Do You Need?
How strict the rules are can vary greatly. To avoid last minute problems, inquire with the governments and with the airline(s). The safest policy, if you do not have an original copy of the document giving you exclusive authority over travel by the child (and a translation if necessary), is to have a notarized a copy of the consent form signed the other parent (properly worded). Canadian Foreign Affairs have a recommended form (it is available on their website). Lawyers have their own forms. They are usually sufficient. But some jurisdictions are unpredictable. Be particularly careful of countries that have very different laws about family disputes and children. Who Requires Documents to Travel with Child? Each child should have their own document, in case they have to travel separately. Even when traveling with both parents, the child's birth certificate listing his or her parents should be brought. What is the Timing Issues? What about Foreign Laws and Conditions? If there is any risk that a child may be held in another country, get legal advice before it happens. Do You Need a Lawyer? If there is reason to be careful (because of you own limitations, the nature of the place you are traveling to, or the nature of the other parent), get a lawyer to draft the consent and give you advice. Note that lawyers generally cannot keep track of the rules of other countries and the various airlines. They will likely not give advice about this, unless you pay them to make inquiries for you. |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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