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Parental/ Custodian Consent for travelling with Children.

Traveling with children can be challenge in many ways. It is strongly recommended by immigration ministries that whenever a child is travelling abroad he should have a consent letter from every person with the legal right to make major decisions on their behalf, if that person is not accompanying the child, proving that they are permitting the child to travel. The major objective behind a consent letter is to facilitate the travel of Canadian children while preventing their wrongful removal to foreign countries.

A consent letter should be obtained from each person or organization with: •custodial rights; •guardianship rights; or •parental authority (in Quebec only)

Since every situation is unique, it is recommended that you talk to a lawyer for advice on what your child will require, particularly if your parenting arrangement has special terms governing international travel.

A consent letter does not guarantee entry as granting permission to enter any country is entirely the prerogative of that country. A consent letter may be required by foreign authorities, in addition to other country-specific entry requirements. One should have most up-to-date information regarding specific entry requirements before sending the child for visiting any country. This information can be collected from the representatives of the country or countries to be visited by the child.

Immigration agencies strongly recommend that the consent letter should be certified (though sometime it is not required), stamped or sealed by an official who has the authority to administer an oath or solemn declaration, e.g., a commissioner for oaths, notary public or lawyer, to ensure the validity of the letter. Furthermore, it is up to each official/individual who witnesses such a letter to decide what proof he/she needs to see to be able to witness/sign the letter. An official should only witness/sign a letter of consent if he/she is convinced that the individual requesting the letter is who he/she claims to be and that adequate proof has been provided.

You should also contact the transportation company (airline, train, bus, etc.) in order to observe any additional policies they might have in place. Children make up a small but important group of travellers as their smaller bodies and immature immune systems make children’s travel health needs unique. A doctor, nurse or health care provider should be consulted to discuss your travel plans preferably couple of weeks before you and your child travel.

Transportation risks

Air Travel and Road Travel •Air travel is safe for healthy infants and children. However, it is recommended that you wait until newborns are one to two weeks old before flying. Some airlines will not allow newborns to fly. •Ear pain due to changes in pressure during take-off and landing is more common in children than in adults. To lessen the pain, infants should bottle or breast feed. Older children can chew gum or be encouraged to yawn. •Jet lag, motion sickness, altitude sickness, stress, dehydrated, water and food safety, travel-related diseases are transmitted by infected insects, like mosquitoes, fleas, or flies, and ticks, infections, rabies, •Traffic laws differ around the world. Even if the use of safety devices like car seats, seat belts, and bike helmets is not required in the destination country, caregivers should follow laws as closely as possible.

MINOR CHILDREN TRAVELLING TO CANADA

Children under the age of 18 seeking to enter Canada are classified as minors. A more detailed examination should be conducted for minors entering Canada in the company of adults other than their parents or legal guardians or without proper identification to ensure the safety of children. Border service officers are on alert for children who need protection. Children under the age of 18 travelling by themselves must have their own passports even if their details are endorsed in their parents’ passports.

Immigration Officers are particularly vigilant about missing or runaway children. They may question you about children who accompany you to Canada or question a child travelling alone. Make sure you have the proper documents with you.

If a minor child is travelling alone:

If the child is travelling alone, the child should have a copy of his/her birth certificate as well as a letter of authorization, preferably in English or French, signed by both parents or by his/her legal guardian. The letter of authorization should give the parents’ (or legal guardian’s) address(es) and telephone number(s). It should also include the name, address and telephone number of the adult who will be responsible for the child in Canada.

If a minor child is travelling with one parent only:

The child should have a copy of his/her birth certificate as well as a letter of authorization, preferably in English or French, signed by the parent who is not travelling with him. The letter of authorization should give the address and telephone number of the non-accompanying parent. A photocopy of the passport or national identity card of the non-accompanying parent, with the bearer’s signature, should be attached.

In addition:


 * If the parents are separated or divorced, and they share custody of the child, the parent travelling with the child should carry copies of the legal custody documents. It is also recommended that they have a letter of authorization from the other custodial parent to take the child on a trip out of the country.


 * If the parents are separated or divorced and one of them has sole custody of the child, the letter of authorization may be signed by that parent only and a copy of the custody decree presented.


 * If one of the child’s parents is deceased, a copy of the death certificate should be presented.

If a minor child is travelling with a legal guardian or adoptive parents:

If the child is under guardianship, a copy of the guardianship papers should be presented. If the child has been adopted, a copy of the adoption papers should be presented.

If a minor child is travelling with a person other than his/her parents or legal guardian:

If the child is travelling with an adult who is not his/her parent or legal guardian, the adult should have written permission from the parents or guardians to supervise the child. The permission letter should include addresses and telephone numbers where the parents or legal guardian can be reached.

Note: These documents are not always requested upon entry to Canada, but they may be. We therefore strongly recommend bringing them in case they are required by the immigration officer at the point of entry (airport or border crossing). A minor child will not be admitted to Canada if the officer is not satisfied that his parents or legal guardian have authorized his stay.

http://www.singlalawoffice.com

http://www.cic.gc.ca/

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