Legal requirements when travelling abroad with a minor.

AuthorGanczak, Magdalena

Whether it is summer vacations, winter holidays or visiting relatives for a long weekend, traveling abroad has become common for children of all ages. This travel, however, does not always occur with both parents or with every legal guardian of the minor. In such circumstances, it is highly recommended that if one of the parents or legal guardians is not present at the time of border crossing, they show proof to the border officers that the non-accompanying adults with legal rights over the minor have consented to the international travel.

The first question to be addressed is: who is considered a minor? A person is considered a minor if they are under the age of majority and depending on the province, this may be anyone under 18 or 19 years of age. In Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Prince Edward Island, a minor is anyone under the age of 18. In the territories and remaining provinces of British Columbia, Nova Scotia, New Brunswick and Newfoundland, you are considered a minor until you turn 19 years old. So, whether you are traveling with an outspoken teenager or an infant, the recommendations in this article will apply equally to all who are legally considered a minor.

The second question to be addressed is: what will I need, if anything, when travelling abroad with a minor? The Department of Foreign Affairs, Trade and Development strongly recommends that when a minor is travelling with only one parent or guardian , the travelling parent/guardian should have with them a consent letter from the other parent/guardian authorizing the travel . The consent letter acts as proof to the border officer that the parent or guardian who is not in the presence of the travelling minor is aware of and is agreeing to the child's international travel.

The details of what should be stated in the consent letter can be found on the Government of Canada website: Recommended consent letter for children travelling abroad. Here, one can find both a template of what type of information should be stated in the letter and an interactive form where a parent can pick and choose what information to have in the letter and then print out the final document. Either format is acceptable. However, to avoid any potential problems at the borders, it is important to provide as much detail as possible. The form can then either be witnessed by someone who is over the age of majority (18 or 19 years old depending on the province) or certified by lawyer...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT