- How to take a child abroad if one of the parents does not give permission to leave
- Family lawyer
- Statement of claim for granting permission to export a child abroad
- When the permission of the second parent is not required for the child to travel abroad
- Where you can go without the permission of the other parent
- How to get permission for a child to travel abroad
- Family lawyer when a child travels abroad
- Frequently asked questions to a lawyer
How to take a child abroad if one of the parents does not give permission to leave
It often happens that disagreements between parents after a divorce through the courts lead to a situation where one of them refuses to issue the second permission to take the child (children) abroad.
This situation should not be an obstacle to foreign travel. We need to be patient and time-consuming – a child’s departure abroad is possible by a court decision.
To do this, parents should apply to the local court at the place of registration or location of the defendant by filing a statement of claim in civil proceedings with a request to provide permission to leave the child (children) without the consent and accompaniment of the second parent.
By submitting an application, the plaintiff pays a court fee in the amount provided for in Art. 4 of the Law of Ukraine “On court fees”.
Family lawyer
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Statement of claim for granting permission to export a child abroad
When making a statement of claim, the plaintiff indicates the following:
- the purpose of the child’s departure abroad (treatment, rest, visiting relatives, etc.)
- length of stay of the child abroad;
- location / residence of the child abroad;
- the fact of the refusal of the second parent to give consent for the child to leave the country.
When drawing up a statement, the plaintiff must attach evidence to it confirming the circumstances set out in the application.
For example, indicating the purpose of the child’s departure abroad, the father can attach a copy of a tourist voucher or voucher to a sanatorium, a certificate from a medical institution stating that the child needs treatment abroad, a copy of an invitation from relatives, etc.
When the permission of the second parent is not required for the child to travel abroad
- If one of the parents is deprived of parental rights, at the border it is enough to present the corresponding court decision or its notarized copy.
- If a child travels with a single mother, she presents at the border the appropriate document – a child’s birth certificate, where there is a dash in the column “father”.
- If one of the parents is dead, a death certificate or a certified copy must be presented at the checkpoint.
- If the second parent is missing and there is a court decision about this, the original or a copy of this decision must be presented at the checkpoint.
- If one of the parents of the child is a foreigner or stateless person. The corresponding fact is confirmed by the entry in the child’s birth certificate, which his father, who leaves with the child, shows when crossing the border.
- If one of the parents evades paying alimony for four or more months and there is a corresponding certificate issued by the state executive service body or a private contractor.
When the second parent’s permission is not needed at all:
- If the second parent does not have Ukrainian citizenship. According to the legislation of Ukraine, the fate of a child who is a citizen of Ukraine can be controlled only by citizens of Ukraine.
- If one of the child’s parents is a foreigner or stateless person, his / her permission for the child to cross the Ukrainian border is not required. The same applies to children registered in another state: they do not need any additional permission to leave Ukraine (too, for entry).
- If the documents of the parents or the child contain a record of leaving for permanent residence outside Ukraine or a mark of permanent consular registration at a diplomatic mission or consular office of Ukraine abroad.
- If the parent, who is ordered by the court to pay alimony, evades this obligation and the alimony arrears amount to an amount equivalent to four months’ payments or more.
This fact must be confirmed by a certificate issued by the state executive service body or a private contractor.
After August 29, 2019, a father who permanently resides with the child (children) may not issue the second parent’s permission to travel abroad for the child (children), if the fact of permanent residence with the child (children) is confirmed by a document from the court or guardianship authority.
Note: a father who plans to travel abroad with a child must inform the other parent about the planned trip, and the trip itself must not last longer than one month.
Where you can go without the permission of the other parent
Oddly enough, the fact that you can leave Ukraine without the permission of your second parent does not mean at all that you can enter any country without this document.
So, in the world there are states, on the territory of which a child cannot enter without the consent of the father or mother. These countries include, for example, the states of the Schengen area.
Therefore, carefully study the rules of the country you are going to visit with your child. As a rule, the relevant information is indicated in the visa description.
Since visa rules change frequently, get as much information as possible about the countries you are going to visit with your children in advance.
How to get permission for a child to travel abroad
It is not difficult to issue a power of attorney to take a child abroad. Find any private or public notary and arrange a time convenient for you.
Both parents must have passports and TIN (certificate of assignment of an identification code).
Be sure to bring the birth certificate of your child (s) with you. Registration of the permit will take no more than 20 minutes.
If the child travels abroad with one of the parents, the second father gives permission to leave (he signs the corresponding document drawn up by a notary).
If the child travels with relatives or strangers (as part of a creative team, tourist group, delegation, etc.), a notarized permission for the child to cross the border is provided by both the father and the mother (they both sign the permission for the child to travel abroad).
At the same time, the permit must contain information about accompanying the child (a power of attorney is drawn up in the name of this person), about the host countries (including transit countries), about the purposes and timing of travel.
As a rule, permission for a child to travel abroad is drawn up for each trip separately, indicating the countries of stay and the dates of departure and return – this is a requirement of the current legislation of Ukraine.
However, in some cases (treatment, training, sports events, communication with relatives, etc.), the Power of Attorney can be issued for a number of trips or for a longer period without specifying specific dates of departure and return.
Family lawyer when a child travels abroad
In solving a case when a child leaves abroad, the most optimal is to contact a family lawyer to obtain a court decision on the child’s departure abroad, which will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the efficiency of solving the case when the child travels abroad;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
Contact our family lawyers if a positive result is important for you when a child travels abroad.
To resolve the case, you need to call or write to our family lawyers and they will provide you with all the necessary information as soon as possible!
Frequently asked questions to a lawyer
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