Does a separated parent need consent to take their child out of the country?

Legal Moment on Dave Rocks


[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on Dave Rocks.
Announcer: I’m with Victoria Gordon from Cohen Highley Lawyers. Does a separated parent need consent to take their child out of the country?
Victoria Gordon: Even when the parent with all the decision making responsibility (previously called Custody) attempts to take a child out of the country, they may be required to prove that they have consent from the parent who has parenting time (previously called Access).

I recommend travelers carry with them a travel consent letter signed by the other parent.

Announcer: What if the other parent won’t provide that letter?
Victoria Gordon: Then you may need to go to court and ask for permission to travel. The other scenario would be if you have an existing agreement or court order.
Announcer: Explain agreement or court order.
Victoria Gordon: You can travel freely with your child if you have a parenting plan, separation agreement, or court order that says you do not need the other parent’s consent to travel with your child. It’s important to take a copy of the agreement or order with you when you travel.
Announcer: Thanks Victoria. This has been the Cohen Highley Legal Moment.
Singers: Cohen Highley, we’re listening.

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