Co-parents must consider various legal and logistical factors, whether planning a trip to Disneyland, Newfoundland, or a local holiday concert.
Edmonton, AB – As the holiday season approaches, many families experiencing separation or divorce face important questions regarding travel with children. Co-parents must consider various legal and logistical factors whether planning a trip to Disneyland, Newfoundland, or a local holiday concert.
In December, Alberta’s family courts tend to be overwhelmed with cases involving co-parenting, holiday schedules, and travel plans. Understanding the legal requirements can help ensure a smoother experience for parents and children.
When traveling internationally, such as to Disneyland, Legal Aid Alberta staff lawyer Victoria Foster advises that co-parents must have either a notarized travel consent letter from the non-traveling parent or a court order permitting the travel. The consent letter should detail the destination, travel dates, and contact information.
“If you are a co-parent, you need either a notarized travel consent letter from the non-traveling parent setting out where you’re going, dates of the travel, and contact information, and that letter should be notarized,” Foster explained.
Foster also highlighted the importance of checking travel advisories. “Ask if the destination country is a signatory to the Hague Convention on child abduction. This is an international law dealing with child abduction that ensures the child will return to Canada,” she said.
Additionally, parents should verify if the Government of Canada has issued travel advisories for their intended destination.
For domestic travel, such as visiting grandparents in another province, Foster noted that technically no documentation is required. However, it is advisable to have a written agreement confirming the arrangement, especially if there is a police-enforceable court order in place.
Parents may struggle to decide who attends their children’s holiday events in high-conflict situations. Foster emphasized the importance of maturity, stating, “The hope is that parents will be mature, and both can go to their children’s activities.” She suggested parenting orders can include conditions allowing one parent to attend events even during non-parenting weeks.
If parents find it challenging to reach an agreement, Foster recommends involving a non-court professional for alternate dispute resolution or mediation, as court decisions can remove control from the parents.
“Keep the children’s best interests at the forefront and try and see it from each other’s perspective.”
Media availability
Legal Aid Alberta staff lawyer Victoria Foster is available for interviews to discuss legal considerations for co-parents planning to travel this holiday season.
Please contact Legal Aid Alberta to arrange an interview.
[email protected]
About Legal Aid Alberta
Legal Aid Alberta is a not-for-profit organization that provides legal representation and support for Albertans facing legal issues.
LAA provides legal services to clients in support of fairness in Alberta’s justice system – services that help ensure Albertans in all circumstances can understand and defend their legal rights.
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