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Cleared for Takeoff: Travel-Related Orders in Family Law
By Kayleigh Pink, Associate Research Lawyer, Lam Family Law* Many parents want to travel with their child(ren), whether for vacations and/or to visit extended family abroad. While travelling can have many benefits, the potential risks are often at the forefront of a parent’s mind when involved in a family law dispute. This article:
- i) discusses the court’s jurisdiction to make orders related to travelling with a child and obtaining government-issued documents for travelling;
- ii) highlights recent cases on the issue of travel consents and related issues;
- iii) examines the meaning of the commonly-used language “consent not to be unreasonably withheld”; and
- iv) suggests wording for travel-related clauses, based on recent case law.
Blog Categories
► Appeals (5)
- The Standard of Review in Family Law Appeals
- Appealing an Interim Order to the Divisional Court, Part 2: Steps, Materials, and Deadlines
- Appealing an Interim Order to the Divisional Court, Part 1: The Test for Leave to Appeal
- Starting an Appeal: Timeline and Getting an Extension of Time
- Appeal vs. Variation: What to Do When Circumstances Change After Trial
► Back to Basics (2)
► Child Support (6)
- In Bounds or Out of Play: When are the Costs of Competitive Sports a Legitimate Section 7 Expense?
- Enforcing Annual Adjustments in Child Support Orders
- When are Cell Phones S. 7 Expenses?
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Does a Child Support Order Automatically Bind the Estate of the Payor? Yes, If Made Under the Family Law Act ; No, If Made Under the Divorce Act
- Imputation of Income: Debunking the Minimum Wage Myth
► Costs (1)
► Domestic Contracts or Agreements (3)
- Make Up, Break Up: What Happens to a Domestic Contract When Parties Reconcile and Separate Again?
- When the Divorce Act Doesn’t Apply to Married and Divorced Spouses: Know the Exceptions!
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
► Enforcement (4)
► Family Violence (4)
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- Proceed With Caution: The Reluctance and Risks of Surreptitious Recordings in Family Law Proceedings
- Delay Due to “Lack of Emotional Means” Does Not Bar a Claim for Spousal Support
- ONCA Finds No Tort of Family Violence: Where Does that Leave Tort Claims in Family Law Cases Now?
► Foreign Orders or Agreements (4)
- When the Divorce Act Doesn’t Apply to Married and Divorced Spouses: Know the Exceptions!
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- “Unfair Forum Shopping”: A New Defence to Recognition of a Foreign Divorce
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
► Other (5)
- Key 2025 Child Protection Cases
- Security for Costs: When Will a Court Require a Party to Provide Financial Security Before The Claims Are Decided?
- The Treatment of RRSP Withdrawals in Determining Income for Child Support Purposes: Why the ‘Why’ Matters
- Open Court, Private Lives: The Balancing Act in Family Law
- Introducing: Lam Family Law’s Newsletter!
► Parenting (9)
- Cleared for Takeoff: Travel-Related Orders in Family Law
- Kayleigh Pink Recently Published in Law360 Canada With Article: Stay the course or explain the deviation: Reasons required for judicial departure from AFCC-O Guide
- Non-Disparagement Clauses in Ontario Parenting Orders
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- "Two Households, Both Alike in Dignity": Parenting Time and Day-to-Day Parenting Decisions
- Disability and Parenting Orders Under the Divorce Act: Adult Children Presumed Capable of Decision-Making and Entitled to Be Heard
- Choice of School Motions:
Overview and Private vs. Public - Judicial Reliance on the AFCC-O Parenting Plan Guide
- Best Interests of the Indigenous Child, and Irrelevant Factors for Determining Urban v. Reserve Residence
► Procedure/Evidence (9)
- Open Court, Private Lives: The Balancing Act in Family Law
- Proceed With Caution: The Reluctance and Risks of Surreptitious Recordings in Family Law Proceedings
- Starting an Appeal: Timeline and Getting an Extension of Time
- Setting Aside a Default Order or an Order Noting a Party in Default in Family Law
- Vexatious Litigant Orders in Ontario Family Law
- ONCA Confirms Enforcement of a Final Order Does Not Require a New Proceeding
- Costs Following a Conference are Mandatory in Certain Circumstances (and Can be Substantial)
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Appeal vs. Variation: What to Do When Circumstances Change After Trial
► Property (11)
- Back to Basics: Property Division in Ontario
- When Liabilities Aren’t Set in Stone: How Ontario Courts Handle Contingent Liabilities in Determining Equalization of Net Family Property
- Gifts or Loans? Decoding the Intent Behind Parental Generosity
- From Non Chhom v. Green to Today: Navigating Occupation Rent Claims in Ontario
- How a Non-Titled Common Law Spouse May Obtain Interim Possession to their Spouse’s Solely Owned Property
- Uncertainty in the Resulting Trust Analysis: What is the Effect of an Intention to Avoid a Merger under the Planning Act?
- Bare Trusts: What Are They, and How Are They Relevant in Family Law?
- A Successful Unjust Enrichment Claim Between Married Spouses: Mullin v Sherlock, 2023 ONSC 4769
- An Update on Resulting Trust Claims in the Context of Creditor-Proofing
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
- Married Spouses and Equitable Claims: Recent ONCA Decision Narrows Availability of Proprietary Estoppel in Family Cases
► Spousal Support (5)
- Back to Basics: Interim Spousal Support Orders in Ontario
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Delay Due to “Lack of Emotional Means” Does Not Bar a Claim for Spousal Support
- Imputation of Income: Debunking the Minimum Wage Myth
