Travelling With Your Child After Separation in Ontario: What You Need to Know

Travelling With Your Child After Separation in Ontario: What You Need to Know

Navigating co-parenting after a separation can be complicated—especially when it comes to travelling with your child. Whether you're planning a summer getaway or an overseas visit to see family, understanding your legal rights and obligations is essential to avoid unwanted surprises at the border.

At OneLegal Professional, we help parents like you confidently make decisions that protect your child’s best interests—while keeping everything legally sound.

Here’s what you need to know if you're thinking of travelling with your child after separation in Ontario.

Do You Need the Other Parent’s Consent to Travel?

The short answer: it depends on your parenting arrangement.

• If you have sole decision-making responsibility, you can make all major decisions regarding your child’s travel—without needing the other parent’s consent.

• If you share decision-making or do not have it at all, and the other parent refuses to consent to the travel, you’ll need to apply for a court order that allows you to travel and dispenses with the other parent’s consent.

👉 Courts will look closely at whether the non-travelling parent is actively involved in the child's life. If they are not, the court may rule that their consent is unnecessary.

Best Interests of the Child: The Legal Gold Standard

In any travel-related decision, the best interests of the child take centre stage. This includes considering:

• The child’s physical and emotional well-being

• Safety and security during travel

• Cultural, linguistic, religious, or spiritual connections

• Opportunities for education, bonding, or life experiences

📌 Courts won’t rubber-stamp travel plans. They’ll weigh the benefits and risks—so make sure your travel proposal is child-focused and well-prepared.

Planning to Move? Don’t Forget the 60-Day Rule

If your travel plans involve relocating, even temporarily, the Divorce Act and Children’s Law Reform Act (CLRA)require you to:

• Provide at least 60 days’ written notice to the other parent

• Include the move date, new address, and a parenting proposal post-move

✋ Failure to provide proper notice could result in legal challenges—and possibly being ordered to return.

💡 Real Case Insights

In Isse v. Mohamud, the Ontario court determined that consent wasn’t necessary from a parent who had not been consistently involved in the child’s life. Similarly, in Lemoine v. Mitchell, the judge emphasized the child’s well-being over the relocating parent’s wishes. These cases remind us: the law doesn’t operate on convenience—it prioritizes the child’s welfare.

Final Thoughts

Co-parenting doesn’t end at the airport gate.

In Ontario, travelling with your child after separation requires thoughtful planning, legal awareness, and a clear understanding of parenting responsibilities. Whether you’re going abroad for a week or planning a long-term relocation, getting legal advice before you book those tickets can save you time, stress, and court battles.

✅ Need Help With Travel or Relocation Legalities?

At OneLegal Professional, we specialize in family law solutions tailored to your reality. Whether you need help obtaining a court order, drafting a notice of relocation, or responding to a travel dispute—we’re here to guide you every step of the way.

📞 Book a confidential consultation today and make your next step a legally secure one.