Hi, I'm Andrew Feldstein, from Feldstein Family Law Group. Today, I will be discussing a parent's right to withhold consent for a child's travel to socially or politically unstable regions. As you may be aware, a parent wishing to travel outside of Canada with his or her child must first obtain consent from the child's other parent, unless the other parent is also accompanying the child or there is a court order dispensing with the consent of the other parent. This requirement applies regardless of whether the parents are married, unmarried, separated, or divorced. Even those with sole custody must obtain consent from the child's other parent before the travel may occur. The necessary travel consent must be in writing, and it is best to have the document notarized. Understandably, many parents are reluctant to provide consent for their children to travel to parts of the world experiencing political or social conflict. This raises the question of whether one parent can force the other parent to consent and when consent can be refused. Canadian courts have held that consent must not be unreasonably withheld. This means that a parent cannot refuse to consent simply because he or she does not approve of the travel plans. When consent is being unreasonably withheld, courts can issue orders requiring that a parent consent or dispensing with the need for consent. Courts can also award costs against parents who have unreasonably withheld consent when it has resulted in the other parent having to litigate in order to obtain or dispense the consent. The question of when withholding consent is reasonable versus unreasonable can be a complicated one. Although Canadian courts have recognized that it can be a legitimate concern regarding a child's safety while visiting politically or socially unstable regions, there is no set list of...
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Child travel consent PDF Form: What You Should Know
Free Child Travel Consent form. Free Minor (Child) Travel Consent Form Child Travel Consent Form PDF — forms — Free Parent/Legal Guardian's Statement of Consent A Statement in which the Parent/Legal Guardian states the following: 1. I allow my minor child(men), (name(s)/age(s), residence name(s), and residence, as shown by the Visa Questionnaire, to accompany me, travel with me, and live with me on a temporary visa or other authorized temporary foreign visa. 2. I am not a U.S. citizen. 3. Furthermore, I am not a resident of another country (refer to the Visa and/or Immigration Questionnaire for more information). 4. Furthermore, I have been advised of the applicable requirements or conditions and have read and understand the full terms and conditions for this travel authorization. Free Parent/Legal Guardian's Statement — U.S. Passport Service Guide An alternative to a Statement. This statement is not required for a child not accompanied by an adult. This version is not available in full, but can be printed for reference only. “The information you have provided is based on the information you have been provided by your son or daughter regarding the following: (a) Whether they are a temporary visitor to this country. (b) Name(s) of the child(men) accompanying them to the United States and/or (whether the child(men) will live in the U.S. or will live elsewhere). I have been advised of the following requirements or conditions, or if applicable, additional information. Please check each individual requirement or condition against the information you have provided. Please make sure that you have been advised of your child's age (I am only aware of the minimum age for travelling by air outside of North America. Please check each requirement or condition with your U.S. immigration office). There is a minimum age requirement for the purpose of obtaining a U.S. visa. If my child is 15 or under, I do not have to provide any additional information. If my child is 16 or older, I must provide the following information at time of application: (a) Parents' first names (b) Parents' surname (c) Date the child immigrated to the United States (d) Date the children turn 16 years old (e) Date the child will turn 18 years old If necessary, your local U.S.
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