Often times, one parent will refuse to sign a travel consent, thereby complicating the travel plans for the children. These situations can be very frustrating and can add to the turmoil between the parents. First and foremost, the parent requesting the consent should try to figure out the exact reason as to why the non-travelling parent will not sign the consent. Sometimes the refusal can stem from a simple misunderstanding, or concerns that can be easily addressed.
Other times, however, it becomes clear that the parent’s reason for refusing to give their consent is malicious, spiteful or simply unreasonable. In these cases, the parent seeking the consent is left with very specific options. Depending on the relationship that the parents have with one another, a first step may be to try to mediate the issue.
This can be less expensive than seeking resolution through the courts and may help the parents come to an agreement In the case that mediation is not an option, the parent seeking travel consent is forced to turn to the courts. If there is an existing court order, the parent is able to bring a motion for an order dispensing with the need for the other parent’s consent (either for a single trip or for all future trips).
If the parents do not have a court order, the parent seeking consent will need to file a formal court application. The court process can take a long time. Therefore, if you do not have a court order and you are planning to travel with your children, you should begin to think about this process and consult a family lawyer as soon as possible. If a parent is not involved in the lives of their children and does not exercise access, this does not mitigate the need to obtain their consent for travel.
If no formal court order exists denying access to a parent, that parent continues to have the right to make a claim for access. The parent’s lack of involvement in their children’s lives is not enough, in and of itself, to dispense with the need for that parent’s consent. For this reason, it is extremely important to ensure that a court order addresses these and other outstanding issues.
If you are a parent dealing with the other parent’s lack of involvement, a family lawyer can help to resolve these issues for you.