Travelling with Children

Our Family Associate, Danica Beck, has recently made a series of successful appearances before the Supreme Court of British Columbia with respect to summer travel with children. She has written the following guide to assist separated or divorced parents when considering travel with children.

Navigating Family Travel: A Guide for Separated or Divorced Parents

Traveling with a child can be a rewarding experience, but when separated parents are involved, the process can become complex.

Understanding the Family Law Act

In British Columbia, the Family Law Act (SBC 2011, c. 25)[1] provides a legislative framework to address various family law matters, including parental responsibilities and parenting arrangements.

Section 37(1) of the Family Law Act supports that the best interests of a child must be the paramount consideration in making decisions affecting them. This principle extends to decisions about travel, including vacations and international trips.

Key Considerations for Traveling with Children

1. Parental Agreement

When parents are separated or divorced, traveling with a child often requires the consent of both parents. If one parent wishes to take the child on an international trip, they must obtain consent from the other parent. If an agreement cannot be reached, the parent seeking to travel may need to apply to the court for orders allowing them to travel with the child.

2. Best Interests of the Child

Section 37(1) of the Family Law Act provides that any decision affecting a child must prioritize their best interests. When considering travel, the courts, and parents alike, should evaluate some of the following factors:

• Child’s Safety and Welfare: Ensure the child’s safety and well-being during by evaluating the destination's travel advisories, available healthcare facilities, and the overall environment.
• Impact on Relationships: Assess how the trip may affect the child’s relationship with the non-traveling parent to avoid undue disruption.
• Child’s Preferences: Consider the child’s preferences based on their age and maturity. While not determinative, their feelings may influence decisions relating to travel.
• Purpose of the Travel: Determine the reason for the trip. Educational trips, family reunions, or vacations may be viewed differently compared to relocations or extended stays.
• Risk of the Child not Returning: Evaluate the risk that the traveling parenting may not return from the travel with the child.[2] This concern is particularly relevant in cases where a parent or the child may hold citizenship in another country or where there might be a history of conflict or distrust between parents.

3. Legal Processes and Documentation

When travelling, especially internationally, parents must consider legal documentation that may required, such as passports and travel consent forms. The traveling parent should ensure they have a notarized travel consent form from the non-traveling parent or obtain a court order with respect to the travel if required. Ensuring that all legal requirements are met helps avoid complications at border controls.

Resolving Disputes

In cases where parents cannot agree on travel arrangements, mediation or legal intervention may be required. Mediation services can help parents reach a mutually acceptable agreement. If mediation fails, the matter may be taken to court, where a judge will consider the best interests of the child in accordance with the factors outlined at s.37(2) of the Family Law Act. Parents must clearly demonstrate how the travel arrangement serves the child's best interests while also protecting their health and safety.

Practical Tips for Parents

1. Seek Legal Advice: Consult with a family lawyer to understand your legal rights and obligations.
2. Communicate Early: Start discussions about travel plans as early as possible to allow time for negotiation and resolution.
3. Provide Itinerary: Share travel details when proposing travel, including flights, accommodation, and emergency contacts.
4. Document Agreements: Keep written records of any agreements made regarding travel to avoid misunderstandings, including communications between the child and the non-travelling parent and makeup parenting time.
5. Travel Consent Form: A travel consent form is crucial for proving that the traveling parent has permission from the non-traveling parent to take the child on a trip. This is especially important for international travel, where customs and border control may require proof of both parents' consent. To avoid issues, ensure the non-traveling parent prepares the form well before your trip.
6. Plan for Contingencies: Prepare for possible scenarios, such as delays or emergencies, and obtain medical insurance for the child.

Move Forward With Confidence In Your Family Law Matter

Please reach out to our Family law group and we will be happy to arrange a consultation to discuss your particular matter and the appropriate next steps that you should be taking to ensure that your interests are protected.