Vacations with children

 "My ex husband took the children out of the province during his vacation time with them. Can he do that without my consent?"

"I want to take my children to Disneyland. Can my ex-wife stop me?"

Lawyers get these questions from their clients on a regular basis. 

The first question is about travel within Canada but out of province. In the absence of a court order or agreement specifically prohibiting it, a parent can take their child out of province for vacation purposes without the other parent's consent. As long as the trip takes place within the parenting time agreed or allowed in a court order. a trip to another province normally isn't a problem. Common courtesy would suggest the travelling parent at least provide an itinerary and contact info to the other parent before they go but there's no requirement that they do.

The second question is about vacations outside of Canada. For travel to the United States, the Customs office tells parents that they will need a letter of consent from the other parent. The letter should have the specific details of the trip including dates and where the children will be staying, as well as contact information for the parent staying home. It's recommended the letter be notarized. A sample can be found on the Canadian and U.S. Customs websites.

What if the other parent will not provide a letter of consent? With enough lead time an application for a court order might be necessary. Judges agree to out-of-country travel the majority of the time, so the parent opposing the vacation needs to have very good reason.

For travel to countries other than the U.S., parents should contact the embassy of that country to find out what may be needed.