Tag: Separation

Taking the children away on a vacation is a frequent source of conflict after separation, and is the subject of many Family Court motions. The non-travelling parent may be jealous, or may worry that the trip could give the travelling parent the advantage of having a better relationship with the child. Judges, on the other hand, are less concerned with these factors and are instead focused on deciding whether or not the trip is in the child’s best interest.

If the parents have lawfully separated or divorced, a Separation Agreement or Divorce Order is likely already in place to stipulate to the custody arrangements. A typical Separation Agreement or Divorce Order contains detailed information pertaining to the precise days and times the children are to spend with each parent. That being said, Judges will generally allow changes to the parenting schedule to allow a child to go on a vacation.

What do you do when a parent unreasonably refuses a travel request?

Unfortunately, it may be necessary to go to family court if one parent continues to unreasonably refuse to allow the other parent and child to travel. One advantage of going to court were the judge to be sufficiently dissatisfied, the resulting court order may dispense with the need to obtain travel consent in the future.

Nevertheless, if the trip is looming, it is best to obtain legal advice specific to your situation. Getting proper advice will give you the best possible chance of the vacation going ahead as planned.

For assistance with a divorce or separation, contact certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. He is the partner managing the Family Law Group at DSF, a full service law firm. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca 

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”