Traveling While Divorced

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

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

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:

1. 1. 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.
   2. That you will return the children to BC once the travel period is over.
   3. That you are not a “flight risk” or have any intentions or suspicion of fleeing the province; and
   4. 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 same elements stated above.

Typically the court will grant an order permitting the travel if, generally speaking, you can be trusted, not a flight risk, and your plans and requests are reasonable.

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

As with any other legal matter, it is always advisable to talk to your lawyer. Contact the team at Sidhu Lawyers for all your matrimonial questions and concerns.