I want to take my kids to Disneyland but my ex, the children’s mother, doesn’t agree. Can I take them anyway?

In most circumstances, you must get the written consent of your minor child’s other parent or guardian to travel outside of the country, even during your own scheduled parenting time.  Even if you and the other parent are still in a relationship, and you plan a trip alone with your children, the other parent will still need to provide written consent to such travel.

In your case; therefore, you will most likely not be able to travel outside of Canada unless your ex indicates her consent on a notarised travel permission document.

Sometimes, when parents separate, they include a term in their agreement order that indicates that the consent of the other parent is not necessary for travel outside of the country.  If that is your situation, then you will need to take a copy of the order or agreement with you for travel.  Note that if your agreement was informal, and was not signed with independent legal advice, it may not be accepted as valid by third-party agencies (like airlines or customs agents).   

If you don’t have an agreement or order, or you do have one but it doesn’t reference international travel, you will typically need a notarised travel permission document from your ex to take the children out of the country. 

For more family law information, listen to "Family Law Answers for Real Life" radio program live every second Wednesday night at 9 p.m. (MST) or on demand at:  http://www.blogtalkradio.com/lisatose

Will a Judge always let the kids live with the Mother after a separation?

Years ago, it used to be assumed that the children were always best taken care of by their mother.  This was particularly thought to be true when the children were young.  This presumption was called “the tender years doctrine.”  Courts used to support this social assumption and, if a parenting application were to be heard, a judge would typically order that the children should live with their mother rather than their father.

This is no longer the default presumption.  In Canadian family law, the best interests of the children are the most important considerations.  Therefore, custody, parenting or access arrangements ordered by the courts are usually constructed to support the children’s best interests, which will depend upon their individual circumstances.

From a legal perspective, in most cases, it is assumed that the children’s best interests are best fostered by having a good relationship with both parents.  The judge may consider many factors in deciding how much time the children spend with each parent, such as the age of the child, the amount of time each parent spent with the child before the application, and any other relevant considerations. 

Gender is not a relevant consideration and there is no legal presumption that females are naturally better parents than males.

Don’t forget that you and the other parent, together and outside of court, can determine a parenting schedule that works best for your children.  If you can come up with an agreement, this can be made into a legally binding court order without having to litigate in court.

For even more family law tips & information, listen to Lisa's Radio Program, “Family Law Answers for Real Life” on demand at:
http://www.blogtalkradio.com/lisatose

You should consult with a qualified attorney in your jurisdiction to receive specific legal information on your unique situation.