By Jaswal Law | June 26th 2026 | Family Law
Summer plans. Spring break. A family wedding across the country. Life doesn’t stop when a relationship ends – and neither does the question of travel.
For separated parents in Alberta, taking your child on a trip – whether it’s a weekend road trip to Banff or a flight to visit grandparents overseas – can be more legally complicated than most people expect. Getting it wrong can put you in violation of a parenting order, trigger a police alert at the border, or damage your standing in future court proceedings.
This guide breaks down what Alberta parents actually need to know before they travel with their children after separation.
Does It Matter Whether You Have a Court Order or Separation Agreement?
Yes. Significantly.
If you have no formal parenting order or separation agreement in place, your legal situation is different from a parent who does. Here’s how each scenario plays out.
If you and your former partner separated without formalizing any parenting arrangements, both of you technically retain equal parental rights under Alberta law. There is no automatic prohibition on travel – but there is also no legal protection for either of you.
Taking your child on a trip without telling the other parent – especially an out-of-country trip – can expose you to serious legal consequences, even if you had no intention of keeping the child away. Courts take a dim view of parents who act unilaterally on major decisions involving children, and travel is considered a major decision.
Practical advice: Even without a formal order, communicate clearly with the other parent and document their consent in writing before you travel.
If your parenting arrangement is formalized, the first thing you need to do is read it carefully. Many parenting orders and separation agreements include specific clauses about travel – particularly international travel. These clauses may require written consent from the other parent, advance notice (sometimes 30 to 60 days), sharing of itinerary details, and emergency contact protocols while traveling.
If your order is silent on travel, that doesn’t automatically mean you’re free to go anywhere, anytime. Courts generally expect both parents to approach major decisions – including travel that falls outside the routine parenting schedule – collaboratively.
Practical advice: If you’re unsure what your order allows, get legal advice before booking anything non-refundable.
Travelling within Canada – say, a road trip to B.C. or a visit to relatives in Ontario – is generally less legally fraught than international travel. However, it’s not without considerations.
If your parenting schedule is set out in an order or agreement, any trip that overlaps with the other parent’s scheduled parenting time requires their consent. You cannot unilaterally take your child during someone else’s parenting time, regardless of the destination.
Even for trips that fall squarely within your own parenting time, informing the other parent of your plans – where you’re going, how to reach you, when you’ll be back – is both courteous and legally prudent. Courts expect separated parents to support the other parent’s ability to contact and connect with the child.
International travel is where the rules get considerably stricter. Canada Border Services Agency (CBSA) and customs authorities in other countries take child travel seriously, and the documentation requirements exist precisely because parental abduction does happen.
Here is what you typically need when travelling internationally with a child after separation:
1. A valid Canadian passport for your child
Both parents must consent to a child’s passport application in Canada. If the other parent refuses to consent, you may need a court order to obtain one. Do not leave this to the last minute.
2. Written consent from the other parent
The Government of Canada strongly recommends that a child travelling with only one parent carry a signed letter of authorization from the other parent. While not always required by Canadian law, many countries require it – and border officers can and do ask for it.
This letter should include:
• Full names of both parents and the child
• Destination(s) and travel dates
• A statement that the travelling parent has permission to take the child
• Contact information for the non-travelling parent
• Ideally, notarization to confirm authenticity
3. Your parenting order or separation agreement (if you have one)
Carry a copy. If your order specifically authorizes travel or sets out the conditions under which you may travel, this is evidence that you are acting within the law. If your order restricts travel, no amount of documentation from your former partner overrides it – you may need a court variation first.
This is one of the most common travel disputes we see. One parent wants to take the child on a trip – often to visit extended family, sometimes for a once-in-a-lifetime opportunity – and the other parent refuses.
If you cannot reach agreement, your options are:
Mediation
Under Alberta’s Family Focused Protocol (mandatory as of January 2, 2026), attempting mediation before going to court is now required in most family law disputes. A mediator can help both parents work through travel disagreements efficiently and without the cost and delay of litigation. Shilpa Jaswal is both a family lawyer and a certified mediator, which means we can often help families resolve these disputes in a single setting.
Court Application
If mediation doesn’t resolve it, you can apply to court for permission to travel. Courts will assess the request against the child’s best interests. Relevant factors include:
• The nature and purpose of the trip
• Whether the trip falls within or interferes with the other parent’s parenting time
• Whether the other parent’s refusal is reasonable or motivated by conflict rather than genuine concern
• The child’s relationship with extended family who may be visited
• Any history of travel violations or concerns about the child not being returned
Courts in Alberta regularly grant travel orders when the trip is reasonable, the refusal lacks merit, and proper safeguards are in place.
If you have genuine concern that the other parent intends to take your child out of the country and not return, this is a serious matter that requires immediate legal action.
You can apply for a court order restricting travel, requiring surrender of the child’s passport, or restricting the child’s removal from Alberta or Canada. Courts can act quickly when there is credible risk of abduction.
Canada is also a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism to seek the return of a child wrongfully removed or retained in another country. However, prevention is far better than the lengthy and painful process of international recovery.
If you believe your child is at immediate risk of being taken: contact a family lawyer urgently.
The best time to sort out travel is before a dispute arises. Whether you’re negotiating a new separation agreement or your current order is silent on travel, you can work with a family lawyer to include clear provisions that address:
• Advance notice requirements for domestic and international travel
• Passport control (who holds the passport and under what conditions it can be requested)
• Itinerary sharing obligations
• Communication expectations while travelling
• What happens if a return date is missed
Clear provisions prevent disputes. They also protect both parents – the one travelling knows they’re acting within the rules, and the one at home has assurance and contact information. We help families build these provisions into parenting plans regularly.
Can I take my child to the United States without the other parent’s permission?
Not advisable without it. U.S. border officers routinely ask about the other parent’s whereabouts when a child is travelling with only one parent. You can be turned away – or worse, flagged – without documentation. Get written consent.
What if the other parent and I are on good terms – do we still need a formal consent letter?
Good terms today doesn’t mean conflict won’t arise tomorrow. A signed and dated letter protects both of you if anything changes and provides border officers with clear documentation. It’s a simple step that takes 15 minutes.
My child is travelling alone to visit relatives. Do I need consent from the other parent?
A child travelling unaccompanied is a separate matter, and airlines have their own rules. But if you are sending your child somewhere without the other parent’s knowledge or contrary to a parenting order, you may still be in violation. Discuss it with your former partner and document the agreement.
My ex has sole decision-making authority. Can they take our child out of the country without telling me?
Decision-making authority and parenting time are different things. Even with sole decision-making, the other parent may still have parenting time rights, and international travel that interferes with those rights – or severs contact – can be challenged. Review your specific order with a lawyer.
Since January 2, 2026, Alberta’s Family Focused Protocol requires parents to attempt mediation before bringing most family law disputes to the Court of King’s Bench. Travel disputes – including disagreements about international travel or passport control – fall within this framework.
This isn’t just a procedural hurdle. Mediation is often genuinely faster and more effective for travel disputes than court. An experienced mediator can help both parents articulate their concerns and reach a practical solution in a fraction of the time it would take to get a court date.
At Jaswal Law, Shilpa Jaswal holds dual credentials as a family lawyer and a certified mediator. That means she can help you navigate these disputes in whatever forum makes the most sense for your family.
Take the time to ask the right questions before you start. The credential difference matters far more than most people realize until it doesn’t. Contact Jaswal Law for a free 30-minute consultation.
Travel questions after separation are one of those areas where a short conversation can prevent a very expensive problem. Whether you’re planning a trip and want to make sure you’re covered, trying to resolve a dispute with your former partner, or concerned about your child being taken abroad without your consent – we can help.
Jaswal Law serves families throughout Beaumont, Leduc, Sherwood Park, Nisku, Camrose, Wetaskiwin, Fort Saskatchewan, and the surrounding Edmonton region.
Phone: 780-737-9999
Email: info@jaswal-law.ca
Office: 5008A-50th St, Beaumont, Alberta T4X 1E6
Proudly serving Beaumont, Edmonton, Leduc, Sherwood Park, Camrose, Wetaskiwin & surrounding areas.
This blog provides general information only and is not legal advice. For guidance on your specific situation, please consult a qualified lawyer.