Maybe. If you are a joint guardian with someone else, unless you have a court order saying otherwise, you have equal rights and responsibilities relating to the child and you should get the other guardian’s consent to travel with the child. 

Unless a court order says otherwise, a guardian does not need written consent to travel within Canada with the child as long as the travel does not affect the other guardian’s time with the child. However, it is wise to let the other guardian know about the trip (ie. “give notice”) along with contact information.

A guardian will need written consent to travel internationally with a child. Sometimes a divorce or parenting order will have terms about when a guardian can travel and what information must be shared with the other guardian. For example, a parenting order may require that the other guardian have 30 days’ notice and an itinerary of any travel plans out of the country. You should always follow the terms of a court order. It is possible for a guardian to be charged with a crime if the other guardian and police believe they have abducted the child.

If guardians cannot agree about travelling with a child, they can apply to the court for an order allowing them to travel without the other guardian’s consent. If this is required and the court believes the trip is reasonable, the guardian who objects unreasonably may be ordered to pay costs for forcing the other guardian to go to court for a reasonable request. The court will decide about the reasonableness of the trip based on whether or not they believe it is in the child’s best interests.

 

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