✅ Departure of the child abroad

Departure of the child abroad

Departure of the child abroad in Ukraine

It often happens that disagreements between the parents lead to the fact that one of them refuses to grant the second permission to take the child (s) out of the cordon. ) abroad.

This situation should not be an obstacle to traveling abroad. We must be patient and laborious – a child’s departure abroad is possible by a court decision.

To this end, the father must apply to the local court at the place of registration or residence of the accused by filing a statement of claim in civil proceedings, asking for permission to visit 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 specified in Article 4 of the Law of Ukraine “On Court Fee”.

Creation of a statement of claim in Ukraine

When filing a statement of claim, the plaintiff notes:

  • the purpose of the child’s departure abroad (treatment, rest, visiting relatives, etc.);
  • the length of the child’s stay abroad;
  • place of residence / place of residence of the child abroad;
  • the fact that the other parent refuses to allow the child to leave the country.

When drawing up a statement, the plaintiff must provide evidence supporting the circumstances set out in the application. For example, a father can attach a copy of a tourist or sanatorium voucher, a certificate from a medical institution that the child needs medical treatment abroad, a copy of an invitation from relatives, etc. indicating the purpose of the child’s departure abroad.

If it is possible to refuse the permission of the second parent to leave the child abroad in Ukraine

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.

When the child travels with the mother, they present the appropriate document at the border – the child’s birth certificate with a hyphen in the column “Father”.

If one of the parents has died, a death certificate or certified copy must be presented at the checkpoint.

If one of the parents is absent and there is a court decision, the original or a copy of this decision must be presented at the checkpoint.
If the second father of the child is a foreigner or stateless person. The corresponding fact is confirmed by the entry in the child’s birth certificate, the parent who travels with the child shows when crossing the border.

If the second parent has avoided supporting the child for four months or more and has a certificate issued by a government law enforcement agency or a private contractor.

When the second parent’s permission is not needed at all in Ukraine

If the second parent does not have Ukrainian citizenship. In accordance with the legislation of Ukraine, the fate of a child – a citizen of Ukraine – can only be controlled by citizens of Ukraine. If the child’s second father is a foreigner or stateless person, their permission to cross the child across the Ukrainian border is not required. The same applies to children who are registered in another country: they do not need additional permission to leave Ukraine (even to enter).

If the documents of the parents or the child contain a record of permanent residence outside Ukraine or a sign of permanent consular registration at a diplomatic mission or consular mission of Ukraine abroad.

If the father, sentenced by the court to pay alimony, evades this obligation, and the alimony arrears equal or exceed four monthly payments. This fact must be confirmed by a certificate issued by a government law enforcement agency or a private contractor.

After August 29, 2019, a father who permanently lives with the child (relatives) can no longer give permission to the second parent to travel abroad for the child, if the fact of permanent residence in the child is confirmed by a document of the court or the guardianship and guardianship authority. Note: Parents who plan to travel abroad with their child must inform the other parent about the planned trip, and the trip itself cannot exceed one month

Where you cannot go without the permission of the other parent in Ukraine

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 the country without this document. So, in the world there are countries into whose territory a child cannot enter without the consent of the father or mother. These countries include, for example, the federal states of the Schengen area. Therefore, carefully study the rules of the country you are going to visit with your child. The relevant information is usually found in the visa description. Since visa rules change frequently, it is advisable to get as much information as possible in advance about the countries you intend to visit with your children.

How to get permission for a child to travel abroad in Ukraine

It is not difficult to draw up a power of attorney for the export of a child abroad. Find a private or notary and arrange a time convenient for you. Both parents must have a passport and TIN (certificate of assignment of an identification code). Be sure to bring your child’s birth certificate with you. Registration of a permit takes no more than 20 minutes.

If the child travels abroad with one of the parents, the other parent 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.), the father and mother will receive a notarized transfer of the child abroad (both sign the child’s permission to leave). At the same time, the permit must contain information about the accompanying child (the power of attorney will be drawn up from this person), about the host countries (including transit countries), about the purpose and time of the trip.

As a rule, permission to leave a child abroad is issued separately for each trip, 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.), a power of attorney can be issued for a number of trips or for a longer period without specifying specific dates of departure and return.

Useful site materials advokat-skriabin.com:

  1. Lawyer in Zaporozhye
  2. Alimony lawyer
  3. Divorce
  4. Division of property of spouses
  5. Deprivation of parental rights
  6. Determining the child’s place of residence
  7. Elimination of obstacles in communication with the child
  8. Obtaining a court decision
  9. Apostille on documents
  10. Obtaining duplicate duplicates of documents at the registry office
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Checked by Victoria on 22.06.21

advego

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