If you have a minor child who is travelling outside of Canada, border officials may request to see a ‘Consent Letter for Children Travelling Abroad’. It is strongly recommended by the Government of Canada that the letter be signed in the presence of a Notary Public.
Why Border Officials may request a ‘Consent Letter for Children Travelling Abroad’
A Consent Letter is not mandatory by law. However, it assists border officials in smoothly processing minor children at a port of entry to Canada.
A notarized Consent Letter helps alleviate concerns in relation to international child abduction. International child abduction is the removal of a child from their country of residence in breach of another parent or guardian’s custody or visitation rights. This is considered a serious offence. Sadly, there are hundreds of children in Canada who are abducted each year.
The Government of Canada therefore strongly recommends that minor children travel with a notarized ‘Consent Letter for Children Travelling Abroad’. In the province of Ontario, a minor child is anyone who is under the age of 18. Once a person is 18 years of age or older, he or she is legally considered an adult in Ontario, and a Consent Letter becomes unnecessary.
It is important to note that providing a Consent Letter does not absolutely guarantee that a minor child will be permitted to cross the border. Even if a Consent Letter has been provided, border officials are authorized to refuse passage in situations where they still have concerns. It is, however, strongly recommended by the Government of Canada that a minor child travel with a Consent Letter.
Who must sign the ‘Consent Letter for Children Travelling Abroad’
It is recommended by Global Affairs Canada that every non-accompanying person or organization with custody rights, access rights, or parental authority over the child, sign the Consent Letter.
If both parents of the child are in an ongoing relationship, and one parent is travelling alone with the child, then the other parent should provide a Consent Letter. If the child is travelling without either parent, BOTH parents should provide a Consent Letter. Both parents may sign the same Consent Letter, provided the letter includes all required details for each parent. Alternatively, each parent may sign a separate Consent Letter.
In situations where the parents of the child are not in an ongoing relationship, and one parent is travelling alone with the child, the other parent should provide a Consent Letter. This is recommended even if the parent traveling with the child has sole custody of the child. Again, if the child is travelling without either parent, BOTH parents should provide a Consent Letter.
In situations where one parent is unreasonably withholding consent, the other parent may seek relief from a family court in Canada. Depending on the circumstances, the court may issue an order requiring the parent to give consent. The court may also issue an order that eliminates the need to obtain consent. This court document may then be presented to border officials, in lieu of parental consent.
In addition, if an organization such as a child protection agency has been granted legal rights with respect to a child, then a representative of that organization should also provide a Consent Letter.
Sample Consent Letter for Children Travelling Abroad
The below sample letter contains the information that Global Affairs Canada advises to be included in Consent Letters. Please note the relevant information must be filled in before the letter is printed. In addition, please do not sign the letter prior to meeting with the Notary Public. The letter must be signed in the presence of the Notary Public.
Each person providing consent must provide his or her own details, and sign the letter. Again, every non-accompanying person or organization with custody rights, access rights, or parental authority over the child, should sign the Consent Letter.
Sample Consent Letter:
November 23, 2019
Dear Officer,
Re: Consent Letter for a Child Travelling Abroad
I am providing this letter to grant consent for a child (over whom I have custody rights, access rights or parental authority) to travel abroad without me.
My Full Legal Name is:
My Full Residential Address is provided below.
Suite or Apartment Number:
Street Name and Number:
City, Province, Country and Postal Code:
My Contact Phone Number is:
My Contact Email Address is:
I have custody rights, access rights or parental authority over the following child:
Child’s Full Legal Name:
Child’s Date of Birth:
Child’s City, Province and Country of Birth:
Passport Number:
Passport Date of Issue:
Country where Passport was Issued:
Birth Certificate Registration Number:
Province and Country where Birth Certificate was Issued:
I grant consent for this child to travel with the following person:
[Remove this section if the child is travelling alone, and simple write “I give consent for this child to travel alone”]
Full Legal Name:
Relationship to Child:
Passport Number:
Passport Date of Issue:
Country where Passport was Issued:
I give consent for this child to travel to the following country during the following dates:
Destination Country:
Date of Departure from Canada to Destination Country:
Date of Return to Canada:
The name of the person or organization with whom the child will be staying:
The child will stay at the following address:
Street Name and Number:
City, Province, Country and Postal Code:
Phone Number:
Email Address:
__________________________________________________________________________
Signature of INDIVIDUAL GRANTING CONSENT / Date
__________________________________________________________________________
Signature & Seal of NOTARY PUBLIC / Date
Please note that depending on the specifics of the situation for which you are writing a Consent Letter, you may need to make adjustments to the above letter. For example, if the child is traveling to more than one country, then clearly list the dates of travel to each country.
Finally, we would be happy to help if you would like to meet with a Notary Public to have your letter notarized. We can be reached by phone or text at 647-389-4631.
*Please note that information provided on this site is of a general nature, and is not intended as legal advice.