Taking the children on vacation is a frequent source of conflict after separation and is the subject of many Family Court motions. Parents often disagree on travel plans, leading to disputes over whether a trip is in the child’s best interest. Some parents worry about losing parenting time, while others fear that travel may impact custody arrangements.

Can a Parent Prevent a Child from Travelling?

If the parents have lawfully separated or divorced, a Separation Agreement or Divorce Order is likely already in place to stipulate custody arrangements. A typical Separation Agreement or Divorce Order contains detailed information pertaining to the precise days and times the children are to spend with each parent. That being said, judges will generally allow changes to the parenting schedule to allow a child to go on a vacation. However, can a custodial parent deny vacation? This often depends on the specifics of the custody agreement.

What do you do when a parent unreasonably refuses a travel request?

Unfortunately, it may be necessary to go to family court if one parent continues to unreasonably refuse travel consent. One advantage of going to court is that if the judge is sufficiently dissatisfied, the resulting court order may dispense with the need to obtain travel consent in the future.

This issue often arises when one parent feels that travel could impact their custody rights or worries about parental abduction. If your ex refuses to sign a travel consent form in Canada, you may need to seek a court order to resolve the dispute.

Legal Guidance for Travel and Custody Issues

If the trip is approaching, it is best to obtain legal advice specific to your situation. Getting proper guidance will give you the best possible chance of the vacation going ahead as planned.

For assistance with a divorce or separation, contact certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. He is the partner managing the Family Law Group at DSF, a full service law firm. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

Posted onApril 13, 2020September 30, 2020/ Devry Smith Frank LLP

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My Ex-Spouse Refuses to Amend the Schedule and Allow Me to Take Our Child on Vacation. What Can I Do?