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Children and Travel

What should I do if a custody dispute arises while my child is outside the country?

What documents should be carried by a child travelling alone or by a parent or guardian travelling with a child?


Q: What should I do if a custody dispute arises while my child is outside the country?

A: If there is a possibility that a custody dispute will develop while your child is travelling alone or with a parent or guardian, we recommend that you seek legal counsel before the child leaves Canada. You should also consult the publication International Child Abductions: A Manual for Parents.

Your child custody arrangements in Canada may not be recognized in another country. In extreme cases, you or your child may not be allowed to leave that country. Check your own and your child's status with the country's embassy or consulate in Canada before you travel. With regard to custody questions, contact the Department's Consular Case Management Division at 1 800 387-3124 (in Canada) or (613) 943-1055.


Q: What documents should be carried by a child travelling alone or by a parent or guardian travelling with a child?

A: Foreign officials and transportation companies are vigilant concerning documentation for children crossing international borders. Make sure you carry the proper identification for yourself and any children travelling with you, including any documents that might be required by the authorities of the country you intend to visit, and by Canadian authorities on your return to Canada with the child. Generally, persons younger than 18 years of age could be considered children. Proper identification includes, but is not limited to, a valid passport for the child when travelling outside Canada. In addition, we recommend:

  • That a consent document or letter be carried to prove that the child has the permission of the absent lawful parent(s) or guardian to travel. This document should be specific to each trip and should include contact information for the parent(s) or guardian. A sample is provided for
    parents to use as a model to draft their own consent letter.


  • This consent document could be required even if the separation or divorce documents award custody of the child to the accompanying parent, but the non-custodial parent has legal access or visiting rights to the child.

  • In addition to the certified consent document from the absent parent, a copy of any separation, divorce or custody decree might be requested.

  • A child of divorced or separated parents who is travelling without either parent could use either one consent document signed by both parents or two separate documents.

  • If a legal guardian is accompanying the child, then a copy of the court order granting guardianship might also be requested.

  • If only one parent's name appears on the birth certificate, and the child is travelling with the other parent, then we also recommend that a certified copy of the child's birth certificate be carried.

  • If one parent has died, a certified copy of the death certificate could also be carried.

Remember that customs officers, as well as other authorities, inside and outside Canada are looking for missing children and may ask questions. Make sure you carry the proper identification for yourself and any children travelling with you. In addition to passports, proper identification could include, but is not limited to, birth certificates, citizenship cards, landed immigrant records and certificates of Indian status.

 



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