Legal Question in Family Law in Canada

Re: Consent to Child's travel

The requirement for a letter of consent is not a requirement of the country that the child is leaving but of the country the child is entering; for this reason and if there is any uncertainty as to whether or not a child has the proper permission to travel, a transportation company such as an airline may refuse boarding. If the travel is by land crossing, the U.S. Immigration sevice has discretion to refuse entry if it suspects the child may be leaving in contravention of an Order (such as an order prohibiting leaving British Columbia). In British Columbia if the non-custoduial parent will not sign a letter of consent, the custodial parent may apply for an Order from the Court allowing the child to travel and allowing the custodial parent to apply for a passport without the consent of the non-custodial parent. If there is a concern about the child's health then the parent who wishes to prevent the chiild leaving should obtain sworn affidavit evidence from a physician specifically detailing the child's illness, why it is not in the child's best interest not to travel, and when the child will be able to travel. The cost of the doctor in swearing the affidavit is not covered by the B.C. Medical Plan; the actual preparation of the doctor's affidavit is the non-custodial parent's responsibility; other documents are not prepared by the parent asking the Court for permission for the child to travel in the absence of the non-custodial parent's consent. If the custodial parent is successful in Court, normally the non-custodial parent will have to pay the custodial parent's Court costs. The non-custodial parent's feelings in the matter are not as important as independent medical advice, as it is frequently the case that a non-custodial parent will use illness that does not really exist or is not severe enough to prevent travel as a weapon to harass the custodial parent.