Before school holidays, parents often ask whether they need the other parent's written consent to take a child abroad, whether the letter must be notarized, and what to do if the parents are separated or divorced. This article summarizes the Government of Canada's guidance on consent letters for children travelling outside Canada.
What Is a Consent Letter?
According to the Government of Canada, a consent letter is a written statement showing that a child has permission to travel abroad from any parent or person with decision-making responsibility for the child (for example, a legal guardian) who is not travelling with them, regardless of the child's status in Canada.
The government states that a consent letter is not legally required in Canada, but that it may be requested by:
- immigration authorities when entering or leaving a foreign country;
- airline agents;
- Canadian officials when entering Canada.
Failure to produce a letter on request may result in delays or a refusal to enter or exit a country.
When Should You Use One?
The government recommends a consent letter when a child is travelling:
- alone;
- with only one parent or person with decision-making responsibility, even if both parents travel together for part of the trip;
- in the care of friends or other family members;
- with a group, such as a sports, school, musical or religious group.
On age, the government advises that any child under 19 should carry a consent letter when travelling abroad without both parents or persons with decision-making responsibility. Even a child aged 16 or older who can apply for an adult passport may be asked for one by foreign authorities.
Who Should Sign?
The government states that the letter should be signed by any parent or other person with decision-making responsibility who is not travelling with the child, whether the parents are married, common-law, separated or divorced.
Separated or divorced parents
The government recommends a consent letter even where a parenting order or agreement allows one parent to make travel decisions alone, because border officials or airline staff may still ask for proof that everyone with decision-making responsibility agrees. Whether a parent has sole or shared decision-making responsibility, the government recommends that the child travel with:
- a consent letter from the other parent, whenever possible and safe;
- a copy of any relevant court order or parenting arrangement.
If getting the other parent's consent is not possible or could be unsafe, the government suggests seeking legal advice.
A parent living outside Canada
The letter should ideally be signed by the parent living abroad. The government notes that any adult may witness the signature, including a consular officer at a Canadian government office abroad (fees apply). Digital signatures may be accepted, but carrying the original signed letter is recommended.
If a parent has died
The government advises carrying a copy of the deceased parent's death certificate; if the child is travelling alone, the child should carry a consent letter signed by the surviving parent together with the death certificate.
What to Include
There is no official format, but the government notes that a letter usually includes:
- the child's name;
- the names and contact information of the parents or persons with decision-making responsibility;
- the full name, address and contact information of the accompanying adult and their relationship to the child;
- where the child is travelling and for how long, including specific dates.
The Government of Canada provides a fillable PDF template and a printable Word template on its page, linked in the sources below.
Does It Need to Be Notarized?
According to the government, any adult may witness the signing, but it is strongly recommended that a notary public witness it. Original signed letters are best; border officials may not accept photocopies or digital versions.
Tang Law's lawyer is also a notary public and can witness and notarize consent letters.
Check the Destination's Requirements
The government cautions that some countries have their own entry and exit requirements for children, and a consent letter may not be considered sufficient. In some countries, a child may be deemed a citizen if a parent is a citizen, and may then be subject to the same entry and exit requirements as other citizens. Before travelling, check the Travel Advice and Advisories for the destination and contact its embassy, high commission or consulate.
Limitations of a Consent Letter
The government notes that a consent letter helps show permission for travel but does not guarantee that a child will not be taken abroad without permission or that the child will be returned to Canada. If you believe there is a risk that the accompanying parent will not bring the child back, the government advises consulting a lawyer right away and proceeding with caution before signing.
If a parent refuses to sign, the government suggests trying to resolve the issue directly, considering family justice services such as mediation where appropriate, or consulting a family lawyer.
A Short Pre-Travel Checklist
- An original consent letter signed by the non-travelling parent (and anyone else with decision-making responsibility);
- Ideally witnessed by a notary public;
- If the parents are separated or divorced, a copy of the relevant court order or parenting agreement;
- The child's passport and any visa or travel document the destination requires;
- A check of the destination's entry and exit requirements before departure.
Frequently Asked Questions
Is a consent letter legally required when one parent travels with the child?
According to the Government of Canada, a consent letter is not legally required in Canada, but foreign immigration authorities, airlines and Canadian officials may ask for one, and not having it may cause delays or refusal. The government recommends carrying one whenever a child travels abroad without both parents.
Does a consent letter need to be notarized?
The government states that any adult may witness the signing, but strongly recommends that a notary public do so, and recommends carrying the original signed letter.
My court order lets me make travel decisions. Do I still need a consent letter?
The government still recommends carrying a consent letter from the other parent where possible and safe, together with a copy of the court order or parenting agreement, because border officials or airlines may still ask for proof that everyone agrees.
Sources
- Government of Canada: Consent letter for children travelling outside Canada (with official templates)
- Government of Canada: Travel Advice and Advisories
This article provides general information as of the date of publication and is not legal advice. It does not create a solicitor-client relationship. Entry and exit requirements change; confirm with the relevant authorities before travelling.