Success Story – Permission to Travel with Children outside of BC during Separation or Divorce

Another Success Story! Permission to travel outside of BC with your Children during Separation or Divorce.

What do you do when you want to travel with your children outside of BC but your spouse does not allow it?

Travelling with your children: What you need to do if your spouse does not agree or consent. 

You must obtain what is called a Permission to Travel Order from the Courts. Here are the steps you need to follow:

Provincial Court of BC: 

1. Apply through what is called a Notice of Motion to obtain court permission to travel with your children. You must prove to the court the following:
   2. That you have travel plans for specified dates – you can prove this by showing the court that you have purchased air or travel tickets for specified dates, the location of vacation and who will accompany you.
   3. That you will return the children to BC once the travel period is over.
   4. That you are not a ‘flight risk’ or have any intentions or suspicion of fleeing the province; and
   5. Your spouse’s lack of consent or refusal to allow for travel is unnecessary and unreasonable.

Supreme Court of BC

Apply through what is called a Notice of Application to obtain court permission to travel with your children. You must prove the elements stated above.

My Case Today

Today I appeared in the Provincial Court on behalf of one of my clients who wanted to travel with her children to New York for the Holidays. Her husband unnecessary and unreasonably withheld his consent.

My client had travelled to the U.S. and across the border for years to take her children for grocery shopping or clothes shopping as she lives close to the border. She had done this for many years but now this had become a problem because, in my submissions, her spouse was letting his personal animosity get in the way of the children enjoying vacation with mom.

The Court granted an Order that my client was at liberty to travel with her children for any period not exceeding 10 days. That if she wanted to travel with the children for more than 72 hours, she had to provide notice in writing to her husband. If the husband did not consent, it did not matter. She was free to travel.

If you need legal help with getting permission to travel with your children through separation, contact us at [email protected]. We love children and would love to help you!

Leena Yousefi is the founder of Yousefi Law Group and takes a special interest in Child Custody matters.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.