Separated couples: authorization to travel with children
Did you know that sole custody of a child does not allow the custodial parent to decide which school the children will attend?
Marie had a child with Jonathan. They separated after a few years, and Marie obtained custody of the child. Jonathan, for his part, obtained access rights every other weekend. However, he stopped seeing the child when she turned 8, having moved to Western Canada.
For the little girl’s 12th birthday, Marie decided to take her to Walt Disney, Florida. A month before departure, Marie went to the passport office to apply for a passport for the child. She was asked for the father’s signature and authorization to leave Canada. Marie doesn’t understand, as she has been the sole guardian of the child for the past four years.
Did you know that custody doesn’t give Marie all the rights? Under the Civil Code, both parents have parental authority, which means that both must make major decisions about their child.
If Marie is unable to find Jonathan, she will have to file a motion with the Superior Court to obtain permission to travel alone with her daughter. She will also have to ask the Court for permission to obtain a passport for the child without Jonathan’s signature. Otherwise, Marie will not be able to take her daughter to Walt Disney.
