Child Travel Consent Letters: When You Need One and How to Get It Notarized in BC

Canada does not legally require a consent letter when a child travels abroad, but the Government of Canada recommends one whenever a child is not travelling with every parent or guardian. Border officers, airline staff and foreign officials can ask for it, and a missing letter can mean delays at the airport or the border.

This guide covers when to carry one, who should sign when parents are separated, what a notary does, and what to bring to the appointment so the letter is ready well before the trip.

When a consent letter is recommended

The federal guidance recommends a consent letter for any international trip where a child is not travelling with every parent or guardian, including a day trip across the US land border. That covers a child travelling:

• alone;
• with only one parent or guardian;
• with grandparents, other relatives or friends; or
• with a school, sports, music or religious group.

Canada does not legally require the letter, but immigration officials, airline agents and Canadian officials can ask for it, and travelling without one can lead to delays or refusal to enter or leave a country. The guidance applies to children under the age of majority, which is 19 in BC, so older teenagers should carry one too.

Other countries and airlines set their own rules and may not accept a letter that meets Canada's guidance. Some countries treat a child whose parent is their citizen as one of their own citizens and apply their own entry and exit rules for minors. Check the destination's requirements with its embassy or consulate, and the federal travel advice for that country, before you travel.

Who should sign when parents are separated

Each parent or guardian who is not travelling should sign, whether the parents are married, common-law, separated or divorced. BC's Family Law Act uses the language of guardianship: each parent is usually a guardian both while living together and after separation, and applying for a child's passport is one of the parental responsibilities guardians share unless an agreement or order divides them differently. Our guide to guardianship, parenting time and decision-making explains how those responsibilities can be allocated.

A few situations need extra care:

• An order or agreement gives one parent travel decisions. The federal guidance still recommends a letter from the other parent, and you should carry a copy of the order or agreement.
• The other parent cannot be reached or will not sign. Carry any relevant court order and get legal advice. If a parent refuses, mediation or a court application may be needed, and both take time.
• A parent has died. Carry a copy of the death certificate. A child travelling without the surviving parent should also carry a letter from that parent.
• A parent lives abroad. That parent should ideally sign where they are; a Canadian consular officer can witness the signature, and fees may apply.
• You are worried the child will not come back. Speak to a lawyer before you sign. Under section 64 of the Family Law Act, a court can restrict a child's removal from a specified area and, where someone is unlikely to return a child to BC, order passports to be handed over.

What to put in the letter

There is no official format. The Government of Canada publishes a sample consent letter and fillable form that you can adapt. Include:

• the child's full name;
• the names and contact details of each parent or guardian;
• the accompanying adult's full name, address, contact details and relationship to the child (for a group trip, one named leader is enough);
• the destination and the specific travel dates.

Specific dates are better than an open-ended letter. Siblings travelling together can share one letter; if children will be apart for part of the trip, prepare separate letters. If the child will be with different adults on different legs of the trip, make sure each leg is covered.

Getting the letter notarized in BC

Any adult can witness the signature, but the federal guidance strongly recommends having a notary public witness it, because border officials are less likely to question a notarized letter. In BC, lawyers and notaries public notarize documents, and the Society of Notaries Public of BC lists the authorization of minor child travel among the services notaries provide.

At the appointment, the notary checks the identification of each person signing, watches them sign and completes the notarization with their own signature and seal. Do not sign beforehand; the signature needs to be made in front of the notary. If each parent signs a separate letter, have each one notarized.

Carry the original. Border officials may not accept photocopies, scans or digital versions, and are more likely to question them.

When a destination wants an apostille or authentication

Some countries, airlines or foreign officials ask for more than a notarized letter: a translation, particular wording, or an apostille or authentication. Those requirements are set by the other country, not by Canada, so check with its embassy or consulate well before the trip.

If an apostille or authentication is needed, notarization comes first. The Province authenticates documents notarized by BC lawyers and notaries who are on file with its authentication program, and it currently quotes 2 to 4 weeks for processing, not including mail. A document signed under a commissioner for taking affidavits stamp rather than as a notary can be rejected, so say at the outset where the letter is going. Our article on how the apostille works for BC documents walks through the process.

What to bring to the appointment

• The draft letter, or the details for it: the child's full name, the accompanying adult's details, the destination and the travel dates.
• Photo identification: valid government-issued photo ID for each person signing.
• Everyone who is signing: each signing parent or guardian should attend; one who cannot can sign separately before a notary or consular officer where they are.
• Supporting documents: copies of any parenting order, separation agreement or death certificate you plan to carry.
• Destination instructions: anything the embassy or consulate has said about wording, translation or an apostille.

For the trip itself, the federal guidance also suggests carrying a copy of the child's long-form birth certificate, because a passport does not list the child's parents.

Travelling with your child soon? Get the letter signed well before you leave

Our notary services can review or prepare your consent letter, notarize each signature, and explain the next step if your destination asks for an apostille. If the other parent will not sign, our family lawyers can talk through your options.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.