Travel Consent Letters and Passport Rules for Custody in Newfoundland and Labrador

Travelling with children after separation — whether it's a weekend trip to Nova Scotia or a vacation abroad — raises immediate legal questions. Do you need the other parent's permission? What documents do you need? Can your co-parent block you from getting a passport for your child? Here's what Newfoundland and Labrador parents need to know.

Travel Consent Letters: When You Need One

A travel consent letter is a signed document from the non-travelling parent authorizing the other parent to travel with the child. While there's no provincial statute requiring one for domestic travel within Canada, having one prevents complications at airports, border crossings, and in emergency situations.

For international travel, a consent letter is strongly recommended by the Government of Canada and is often required by border agents. Without one, a parent travelling alone with a child can be detained and questioned at customs — particularly if the child's last name differs from the travelling parent's.

A travel consent letter should include:

• The child's full legal name, date of birth, and passport number
• The travelling parent's full name and contact information
• The non-travelling parent's full name, contact information, and signature
• Travel dates and destination(s)
• Emergency contact information for both parents
• A statement that the non-travelling parent consents to the travel

The Government of Canada provides a recommended consent letter template on its travel website. Use it — border agents recognize the format.

Passport Applications During Custody Disputes

Under Canadian passport regulations, a passport application for a child under 16 requires the consent of all persons with decision-making responsibility (formerly custody). If both parents share decision-making, both must sign the application or provide written consent.

This creates a common friction point: one parent wants to travel internationally with the child and the other refuses to sign the passport application. If this happens in Newfoundland and Labrador, your options are:

Negotiate through FJS: If you have an active family law matter, FJS mediation can address the passport dispute as part of the broader parenting arrangement.

Apply to the court: You can bring an application asking the Supreme Court to authorize the passport. The judge considers the best interests of the child, the purpose of the travel, and whether there's a legitimate flight risk. If the court authorizes the passport, the order replaces the need for the other parent's signature.

Address it in your parenting plan: The most effective approach is to include a passport consent clause in your parenting plan or consent order. A standard clause might state that both parents consent to obtaining and renewing the child's passport, that the passport will be held by [specified parent or arrangement], and that each parent will cooperate in providing the passport for the other parent's travel during their parenting time.

Domestic Travel Within Canada

For travel within Canada, there's no legal requirement for a consent letter. However, your parenting plan or court order may include travel-related provisions that you must follow:

• Advance notice: Many parenting plans require 14-30 days' notice for out-of-province travel with the child
• Itinerary sharing: Providing flight details, hotel information, and contact numbers
• Communication access: Ensuring the child can contact the other parent during the trip
• Return date: Confirming the child will be returned on schedule

If your court order or parenting plan doesn't address domestic travel, there's no default restriction — a parent can travel within Canada during their parenting time. But including basic travel provisions in your plan prevents disputes later.

International Travel and Flight Risk Concerns

If there's a genuine concern that one parent might take the child out of the country and not return, the court can:

• Include a travel restriction in the parenting order, prohibiting international travel without the other parent's written consent or a court order
• Order that the child's passport be held by the court, a lawyer, or a neutral third party
• Restrict one parent's ability to apply for a passport for the child
• In extreme cases, add the child to the Passport Canada lookout list, which prevents issuance of a new passport

These measures are serious and typically reserved for cases with evidence of flight risk — not routine travel disagreements.

The Relocation Rule

Don't confuse travel with relocation. Under the Divorce Act, a parent who intends to permanently move (relocate) must provide 60 days' written notice to the other parent before the move. The other parent has 30 days to object. A vacation or short trip is not a relocation and doesn't trigger this requirement.

Including Travel Provisions in Your Plan

The Newfoundland and Labrador Custody & Parenting Plan Guide includes travel consent templates and passport clause options designed for inclusion in your parenting plan. These provisions cover domestic and international travel, notice requirements, passport custody, and communication during trips — helping you avoid the disputes that arise when these details are left unaddressed.

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