Can a parent take your child to Iran or abroad without your consent? Ontario orders and passports

An Ontario court can order that your child not be removed from Ontario without your consent or a court order, and that the child's passport be handed over to the court or another named person. Ask for those orders before a trip, not after. The Hague Convention on child abduction does not apply between Canada and Iran, so a child taken there is very hard to bring back.

This page explains the orders available and the practical steps the Government of Canada recommends. For the wider rules on who makes major decisions for a child, see our page on parenting decision-making in Ontario. It is part of our set of guides for Persian-speaking families in Toronto, because a trip to see grandparents in Iran is one of the most common sources of worry after a separation.

How do you protect a child before a trip abroad, step by step?

What can an Ontario court order to prevent a child being taken abroad?

When it makes a parenting order, a court can add terms aimed at travel. Under Ontario's Children's Law Reform Act, section 28(1)(c), the court may prohibit a party from removing the child from Ontario without the consent of another party or a court order, and may require the child's passport, health card or other documents to be delivered to the court or to a person or body it names. The federal Divorce Act gives the same kind of power in a divorce: a parenting order may prohibit removing a child from a specified area without written consent or a court order (section 16.1(9)).

Where there is already an order or separation agreement against removal and a parent is proposing to take the child anyway, or where a parent with parenting time is likely not to bring the child back, section 37 of the Children's Law Reform Act lets the court go further.

An order under section 37 requires reasonable and probable grounds to believe the removal is proposed or the child is unlikely to be returned. Evidence matters: travel bookings, statements about moving, a parent selling property here, or messages about staying abroad.

What if the trip is soon?

Family Law Rules normally require a case conference before any motion, but that does not apply in cases of urgency or hardship (rule 14(4.2)). And if there is an immediate danger that a child may be removed from Ontario, a case can be started in any municipality so that the urgent motion can be heard at once (rule 5(2)). The steps after that are in what happens after you start a family case in Toronto.

Why does it matter so much that the destination is Iran?

Ontario applies the Hague Convention on the Civil Aspects of International Child Abduction (Children's Law Reform Act, section 46), which provides a process for the prompt return of children between member countries. Global Affairs Canada's travel advice for Iran (last updated July 23, 2026) states that Iran is not a signatory and the Convention does not apply between Canada and Iran. The same advice says that children of a male Iranian national, including Canadian-Iranian children, are in the sole custody of their father in Iran and need his permission to leave the country, and that a husband may prevent his wife and children from leaving even if they hold another nationality.

A Canadian parenting order may not be recognized in the country a child is taken to, Global Affairs Canada warns, though it still formally records your rights in Canada. That is why it is better to seek the protective orders above before travel, not after.

What about the child's Canadian and Iranian passports?

• Canadian passport. If you think the other parent may abduct a child under 16, you can ask the Passport Program to add the child's name to its System Lookout List, so staff review the legal documents before issuing a passport. It does not stop the child from travelling on an existing passport and does not alert border officers.
• Foreign passport. If your child is also a citizen of another country, you can ask that country's diplomatic or consular office, in writing and with certified copies of any court orders, not to issue a passport or visa. Global Affairs Canada says many, but not all, countries comply.
• Surrender order. A court order to deliver passports covers foreign passports as well as Canadian ones; the section 28 power extends to "any other document relating to the child".

Should you sign a travel consent letter?

A consent letter is not legally required in Canada, but border officers and airlines may ask for one when a child travels with only one parent. The Government of Canada's guidance is direct: a consent letter will not prevent an abduction, and you should not sign one if you are concerned your child may be taken or kept outside Canada. If you do consent to a trip, a written agreement or consent order with a fixed return date, and the documents held until departure, gives far more protection than a letter.

Is moving abroad with the child different from a trip?

Yes. A move that is likely to have a significant impact on the child's relationship with the other parent is a "relocation". The parent who intends it must give at least 60 days' written notice, with the date, the new address and a proposal for parenting time (Children's Law Reform Act, section 39.3; Divorce Act, section 16.9). The other parent has 30 days to object, by written notice or by applying to court; these and other time limits are listed in the deadlines in an Ontario family case. A court can waive or change the notice rules, including where there is a risk of family violence; on that, see how family violence affects parenting decisions.

What if the child has already been taken?

Contact your local police right away and file a report, then Global Affairs Canada's consular services, and get legal advice in Canada and in the other country. Global Affairs Canada notes that child abduction is a criminal offence in Canada under sections 282 and 283 of the Criminal Code. If support is also an issue with a parent who now lives abroad, see child support when the other parent lives outside Canada.

What changes the answer?

• Whether an order or agreement already exists. Section 37 orders such as a bond or passport surrender are aimed at a parent who is prohibited from removing the child, or who is likely not to return the child, and need reasonable and probable grounds.
• The destination. Between Hague Convention countries there is a return process (CLRA, s. 46); between Canada and Iran there is none.
• The child's citizenship. The Government of Canada warns that a child of a male Iranian national needs the father's permission to leave Iran, even with Canadian citizenship.
• The child's age. The System Lookout List is for children under 16, and the Hague Convention stops applying at 16 (Convention, art. 4). The Criminal Code abduction offence in s. 283 covers children under 14, whether or not there is a custody order.
• Trip or move. A relocation triggers the notice rules and the burden-of-proof rules in CLRA s. 39.4.
• Any family violence. It is a best-interests factor and can change the notice rules.

A worked example

For example, imagine separated parents in North York whose six-year-old daughter lives mainly with her mother. The father, an Iranian citizen, wants to take her to Tehran for a month to see his ill mother, and asks the mother to sign a consent letter. She is worried, because the daughter also holds Iranian citizenship and the father has talked about staying in Iran.

She does not sign the letter. Through lawyers, the parents try to agree on written terms. When that fails, the mother starts a parenting case at the court for her riding, which for many North York families is the North York family court at 47 Sheppard Avenue East, and asks for a no-removal term and an order that the daughter's passports be delivered to a named person. Because the father's statements about staying in Iran are in writing, she also asks for a section 37 order. She asks the Passport Program to add her daughter to the System Lookout List. This is a hypothetical walk-through of the steps, not a prediction of what a court would order.

What mistakes do parents make?

1. Signing a consent letter to keep the peace when there is a real risk; the letter does not prevent an abduction.
2. Waiting until the week of the flight to ask a court for help.
3. Forgetting the second passport. An order about the Canadian passport alone does not cover an Iranian one, unless it says "any other document".
4. Relying on a verbal promise about the return date.
5. Treating a move abroad as a long holiday to avoid the 60-day notice rule.
6. Assuming an Ontario order will be enforced in Iran. The Government of Canada says Iran does not automatically recognize Canadian family court orders.

What to do this week

1. Find out where every passport for the child is, Canadian and foreign, and who holds it.
2. Save any messages about trips, moving or staying abroad.
3. If a trip is proposed, ask for the details in writing: dates, address abroad, return ticket.
4. If you are worried, ask the Passport Program about the System Lookout List for a child under 16.
5. Speak to a lawyer about travel terms in a parenting order before anything is booked.

Frequently asked questions

Can the other parent take our child abroad if there is no court order?

Without an order or agreement, no court term stops the trip, which is why parents ask for terms early. Removing a child under 14 with intent to deprive the other parent of the child can still be the offence of abduction under section 283 of the Criminal Code, whether or not there is a custody order.

Will a consent letter protect me if the child is not returned?

No. The Government of Canada says a consent letter will not prevent an abduction and advises not signing one if you are concerned the child may be taken or kept outside Canada.

Can the court stop the child getting a new passport?

A court can order passports and other documents delivered to the court or a named person. Separately, the System Lookout List makes passport staff review legal documents before issuing a passport for a child under 16, though it does not stop travel on an existing passport.

Does an Ontario parenting order count in Iran?

Not automatically, according to the Government of Canada. The reverse is also true: an order made in Iran must be recognized by an Ontario court before it is enforced here; see whether a custody order from Iran counts in Ontario.

Can the court make the travelling parent post a bond?

Yes, where section 37 applies, the court can order a bond, with or without sureties, payable to the other parent, and can require the travelling parent's own passport to be delivered.

What if the other parent wants to move abroad permanently with the child?

That is a relocation. The parent must give 60 days' written notice, and the court decides on the child's best interests, with burden-of-proof rules that depend on how much time the child spends with each parent (CLRA, s. 39.4). Our page on parenting time in Ontario explains how time is shared.

Related questions

If you are not sure which court to use, read which Toronto family court handles your case.

Sarbazevatan Law acts for parents on parenting orders, including travel restrictions and passport orders, in English, Persian (Farsi) and French. Call +1 (416) 628-2041 or reach us through the contact page.