Can I Take My Child to China After Separation? What the Law Says in Ontario

Separation and parenting decisions can be stressful—especially when international travel or relocation is involved.

“Can I take my child to China after separation?”

Whether you're planning a short visit or a permanent move, Ontario family law has clear guidelines on international travel and parental rights. Here's what separated or divorced parents in Ontario need to know before taking a child to China.

Can I Take My Child to China Without the Other Parent’s Permission?

In most cases, no—you cannot legally take your child out of the country without written consent from the other parent, or a court order. This applies even if you are the primary caregiver or have sole decision-making responsibility.

Why Consent or a Court Order Is Necessary:

• Canada is part of the Hague Convention on the Civil Aspects of International Child Abduction, but China is not a signatory.

• Without mutual consent, taking a child to a non-Hague country can be considered international child abduction under Canadian law.

• This can lead to serious legal consequences, including the loss of parenting time or even criminal charges.

Short-Term Travel vs. Permanent Relocation

Short-Term Travel (e.g., a visit to family or vacation in China):

• Get the other parent’s written consent, ideally in the form of a travel consent letter.

• Bring supporting documents like:

  • Your child’s passport

  • Travel itinerary

  • A copy of the separation agreement or parenting order

• Some airlines and border officials may ask for proof of the other parent's permission.

Permanent Relocation (Moving to China with your child):

This is a much more complex legal issue. You will likely need:

• A court order permitting the move

• A thorough mobility application under Ontario family law

Ontario courts will consider:

• Whether the move is in the best interests of the child

• The impact on the child’s relationship with the other parent

• Your reasons for relocating

• Whether a reasonable parenting plan can be maintained across borders

What Happens If I Take My Child to China Without Consent?

If you leave without the proper legal permission:

• The other parent can apply for an emergency court order.

• You may be ordered to return the child to Ontario.

• It can harm your case in future parenting disputes.

• It could even be viewed as parental abduction under Canadian law.

Because China is not part of the Hague Convention, it’s very difficult to enforce a return order once the child is in China. That’s why courts are often cautious when it comes to approving moves to non-Hague countries.

How to Get Legal Permission to Travel or Relocate with Your Child

1. Talk to the Other Parent

   • If possible, try to reach an agreement and put it in writing.

2. Consult a Family Lawyer

   • A lawyer can help you assess your situation and avoid legal risks.

3. Apply to the Court

   • If there’s no agreement, you may need to apply for a court order allowing travel or relocation.

Bottom Line: Don’t Risk It—Know the Law Before You Travel

Taking your child to China after separation without proper legal steps can put your parenting rights and your child’s wellbeing at risk. Whether you're planning a short visit or considering a permanent move, it’s essential to understand your legal obligations under Ontario family law.

Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com

Legal Disclaimer

The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any matter.

The contents of this article may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law.

Do not act or refrain from acting upon this information without seeking professional legal counsel.