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Posts from the ‘Travel Consent Letters’ Category

Travel Outside Canada: Will My Child Custody Arrangement Be Recognized?

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Travel Outside Canada: Will My Child Custody Arrangement Be Recognized?

Recently I wrote about how to apply for a Canadian Passport for a child. But with the prospect of Canadian children travelling abroad, separated or divorced parents may have concerns over what might happen if their child custody issues flare up while they are at their destinations or even en route. Here are some things to think about:

First Things First

• Long before you even decide to travel with your child out of Canada, make sure your specific custody agreement or separation/divorce order allows it. This may involve some consultation with a lawyer, but it will avoid last-minute disputes or disappointments after you have already incurred the expense of travel.

• Make sure you have a Letter or Permission (sometimes called a Letter of Consent), signed by the other parent, which gives you his or her permission to enter or leave the country with the child. Although it is not a legal requirement in Canada, it can make travel much easier because some foreign immigration authorities may ask to see it before allowing you to enter or leave.

• Ensure that you have proper identification for both you and your child. This includes not only a valid Passport for each of you, but also evidence of residency, and documents to provide evidence of your custodial rights as well.

• Consult with the Government of Canada website [link to https://travel.gc.ca/] that provide various Guides for parents considering travel with their children.

Could My Canada-Issued Custody Order Come into Question?

Be prepared for the possibility that your Canadian child custody order – though validly issued and fully enforceable in Canada – may not automatically be recognized in the country to which you are travelling. This may result in difficulties when leaving the country.

In countries where you think this may become an issue, you may want to confirm your own status or that of your child with the country’s Embassy or Consulate in Canada, before you travel.

What if a Custody Issue Arises While We Are Away?

Ideally, you and your child will be travelling with either the written consent of the other parent, or with proof of court-ordered entitlement. However, in some unfortunate situations, a custody dispute might arise while you and your child are abroad.

In that case, you can contact the Case Management Division of Global Affairs Canada. These officials can provide you with information about:

• The legal system in which you are travelling, and specifically relating to family law and local customs;

• The contact information for local lawyers, as well as that of family counsellors and social workers; and

• How to answer questions posed by local officials as to the purpose and certification of the Letter of Permission that you have supplied in the course of travelling.

These officials may also serve as a liaison for you between local authorities and Canadian ones (such as law enforcement, social services, etc.).

With that said, note that Canadian government officials located abroad do not have authority to:

• Intervene in private legal matters (including your family and custody dispute);

• Provide legal advice;

• Take legal procedural steps towards enforcing your Canadian custody agreement in that other country;

• Force the other country to make a specific determination in your custody case; or

• Provide financial assistance to you in connection with pursuing your legal rights, or for travel, accommodation or other expenses.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com

Considerations for Separated Parents Traveling Abroad

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Considerations for Separated Parents Traveling Abroad

We were recently browsing through Jeff Lander’s article Divorced Women: Take Precautions Before Your Children Travel Internationally With Your Ex-Husband published in Forbes. Jeff offers an interesting take on the dangers of allowing your children to travel internationally with your husband, although really these warnings could be equally applicable for either spouse.

The warnings presented by Jeff in his article should be considered seriously by divorced parents in Ontario, but it may be wise to take a second and consider whether it would be preferable to avoid escalating things. Jeff’s advice to require a bond or financial insurance from your spouse before allowing travel should not be the status quo for most divorced couples and although the article makes the practice of requesting a “Ne Exeat” bond seem typical this is not the case in Ontario.

 

In Ontario, even though you may not trust your spouse, unless you have evidence proving that s/he is a flight risk, the default assumption is that s/he should be allowed to travel internationally with your children. This is the position that most courts would take in Ontario and it would be wise to keep that in mind before trying anything rash. The court will decide these kinds of custody and access issues by considering the “best interests” of the children and in most cases it will be found to be in the children’s interests to be allowed to go on a vacation with either spouse.

In the case where you do believe that the other parent is a flight risk Ontario women can take steps to protect their children. If seriously concerned it may be the best course of action to immediately initiate a court action in order to keep the children in a safe place or to get a court order for possession of their passports. In situations where it is only a possible flight risk, then it may not be wise or financially plausible to take this route. An alternate solution would be to take a page out of Mr. Lander’s article and negotiate having your spouse pay a bond into court or to you in the style mentioned in the article. This middle of the road solution could save you from an otherwise heated and expensive battle in court.

In most cases in Ontario, when a parent wants to travel internationally with their children, the only thing they require is a letter of consent to travel from their spouse. A consent letter may be requested by immigration authorities when leaving the country, when entering or leaving a foreign country or upon re-entry to Canada. A common courtesy in this situation is for the traveling parent to provide the travel itinerary for the children in advance of the trip to the parent remaining at home and all relevant contact information. This is not a requirement under Ontario law but it can be incorporated as a requirement under a separation agreement or in a court order where young children are involved.

To learn more about divorce in Ontario, contact Russell Alexander, Collaborative Family Lawyers. Russell Alexander focuses exclusively on family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit our main site.

Need a New Year’s Resolution? Update Your Important Documents!

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Need a New Year’s Resolution? Update Your Important Documents!

We recently wrote about certain changes to the Canadian Passport application process had been implemented recently, and that with the holidays approaching it was important for those who intended to travel to ensure their documents were in order.

The truth is, there is no need to wait until travel plans are imminent or until other important milestones occur (such as a marriage or divorce, or a death in the family) to do a little checking up on the state of your important documents. Consider it a New Year’s resolution to add to your list (but one that you actually stick to).

Here are a few suggestions to consider:

• Travel, Health and Medical Information. In addition to making sure that these documents are safeguarded in a secure-but-accessible location, it’s also important to verify that they are current. Is your Passport due to expire soon? Do you have ready access to your Health Card if needed? For any children that you have, are their Immunization Records up-to-date?

• Testamentary Instruments. It’s never a bad idea to review your Will regularly – perhaps every year or two. While this is particularly true where life events have prompted a needed change to designated beneficiaries (for example where there has been a divorce or where a beneficiary under your Will has died), other personal circumstances or simply the sheer passage of time may prompt your wanting a change.

• Insurance and Investments. Similarly, anytime you have designated a beneficiary, for example in connection with your life insurance policy, or in an RRSP, it is important that you give periodic consideration to whether the designation remains appropriate as time passes. You should also give some thought to whether a secondary or residual beneficiary should be named, in case the primary beneficiary passes away first.

• Powers of Attorney. Whether you have a Power of Attorney for Property or a Power of Attorney for Personal Care (or both), you should review these documents on a periodic basis and consider whether they still reflect your wishes in the event you become incapacitated.

There are many other documents and personal information that could benefit from a periodic review; this list is merely a good starting point.
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

Kids and Travel – Interactive On-line Form for Letter of Consent

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Kids and Travel – Interactive On-line Form for Letter of Consent

In past Blogs we have discussed the various issues and requirements around children’s Passports,  and the application process for obtaining them. Obtaining a Passport for a child becomes particularly important in situations of separation and divorce, since if one parent wants to travel with the child, then the other parent must usually agree to (or at least condone) the intended plans.

The Government of Canada strongly recommends that even after a valid Passport has been issued, any time there are plans made by one parent for a child to travel outside Canada, whether accompanied by that parent, alone, or with another person (e.g. a relative or family friend or in a group), a Letter of Consent should be obtained from the other parent. For these purposes, a “child” is anyone under the age of majority.

While strictly speaking it is not mandatory, the Letter of Consent serves as evidence that the child has the consent of both parents to travel. It is signed primarily by the individual(s) with the legal right to make major decisions for the child (i.e. the custodial parent or guardian); however, even if it is a parent with sole custody who is travelling with the child, to be on the safe side it is recommended that Letter of Consent be filled out by any parent or other individual with access rights.

The Letter of Consent can be presented upon demand by immigration authorities when entering or leaving a foreign country, or by Canadian immigration officials upon the child’s return. While having a Letter of Consent handy does not guarantee that there will be no difficulties crossing a border, it will likely make the process much faster and easier.
Although there is no standard form, and no official guidelines for its contents, the federal government website now has a interactive on-line form that can be modified and filled out to fit each situation. It is always recommended that the Letter be completed with as much detail as possible.

Finally, the Government of Canada has a useful Frequently Asked Questions page , which sets out the answers to questions arising in various travel scenarios.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit our main site.