How to import the child abroad if one of the parents against
Citizens of Ukraine who have not reached the age of majority are prohibited from leaving the country without accompanying their parents, if they did not provide a notarized authorization for their departure. But this document is issued only if there is a voluntary consent of one or both parents, if at least one opposes, then the issue can be solved only through the courts.
What does the law say
If you turn to the law of Ukraine, regulating the procedure for travel through the state border, then to purchase travel documents for a minor child, he must travel with his parents or have permission to leave. Approve the trip should the father and mother, regardless of whether they are currently married in a legal marriage, and with whom the child lives.
Also these processes are regulated by the Cabinet of Ministers decrees, which indicate the need to present permission to leave the parents during the passage of border control. The document must be notarized, it indicates where the child is going, for how long and the purpose of the trip. If information about the dates or purposes of the trip in the permit does not coincide with the travel documents, the crossing of the border will be refused.
The law provides for a number of exceptions when a child does not need to have a notary permit to cross a state border. If he officially has only a father or mother, then you can produce a death certificate. It is also possible to present a court decision in which the other parent was declared incompetent, missing or deprived of parental rights. In all other cases, when the mother or father of the child is against his departure from the country, you should go to court and get permission for a specific trip.
How to prove your position in court
In order for the court to allow the child to leave without the official consent of the mother or father, several conditions must be met. First, the defendant in the suit will be the second spouse. It is impossible to conduct a trial without his participation; he should explain his position.
Secondly, before applying to the court, measures should be taken to obtain voluntary consent. You will be refused consideration of the case if you did not notify the second parent about a future trip, and he did not refuse to issue permits under the witnesses. Even better, if he makes an official notarized refusal, in which he will state the reasons for his decision.
Thirdly, your actions should be carried out exclusively in the interests of the child. If a visit to a foreign country does not have a practical need for it (training, treatment, cultural development, etc.). You will be refused if the trip is for personal purposes, and the child simply wants to take with you.
Fourth, words alone will not be enough, it is necessary to prepare weighty evidence, for example medical reports, an invitation to study, etc. Also, the judge may ask the adolescent to testify during the trial, in order to find out whether he wants to make this journey.
To enable you to make a planned trip, pay attention to the following points:
Permission is granted for a specific trip. If you missed the departure time or decided to change its purpose and destination, then on the border this document is declared invalid. The decision of the court must comply with travel documents.
To file a suit in court should be done in advance. Such cases are considered for about a month, plus there may be an appeal in the appellate instance and it still takes 10 days for the decision to become valid. Therefore, it is recommended to contact approximately 3-4 months before the date of the planned trip.
To visit a number of countries, a visa is required, and the package of necessary documents includes consent for departure from the parents or a court decision replacing it.