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What options do I have if my ex refuses to sign a consent for travel to allow me to take my kids for a vacation out of country? Am I able to get a court order for this? He has no valid reason for this except his own pettiness. Also, I have previously signed a consent in the past giving my permission for him to take children on a vacation out of country but he refuses to sign one for me.
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
HI Milena,
There are too many missing details to answer your question accurately. Where are you going? When are you going? How old are the kids? How are you travelling?
I recommend you contact a lawyer for a brief consultation in which you can have a private conversation about your specific situation.
Generally speaking, if a parent is not travelling to a location that has a travel advisory and the children are not missing a lot of school, then parents should cooperate. You can get a Court Order to dispense with the other parent's consent for you to travel with the children and you can ask for costs. If the other parent is going to miss his parenting time, be prepared to make it up as well as provide a complete itinerary and phone contact during travel.
09 months ago
Shannon Allison - Allison Law Office (Edmonton) Verified Lawyer
Obtaining a Court Order for travel is not always an easy application and there are several variables that must be taken into account.
Is the child going to miss school? Is the child going to miss time with the non-travelling parent? Is the travel for vacation or to have contact with other family members?
These are only a few questions that need to be asked. The court will look at the travel plans, where, when and why you are going. They will look at how this will it affect the children and parenting time. The court may also elect to look at the history of the file.
It is more than just indicating that you have provided consent to the other parent in the past or he is being petty.
The short answer is that you can get an Order. The long answer is that there are many factors that the court will look at when deciding if they will grant the Order. Success is not guaranteed.
The application will need to be made on an urgent basis as it is very close to the holiday break. I strongly recommend that you contact a lawyer as soon as possible.
09 months ago
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