PERMISSION TO LEAVE THE CHILD ABROAD
Citizens of Ukraine who have not reached the age of 18 have no right to cross the state border without a permit. This may be oral or written consent (notarized), or a court decision giving the right to leave the country. What and when applies, let’s take a closer look.
An important point – biometric passport
Before proceeding to the main article material, it is necessary to make a clarification due to the changed border crossing rules after entering biometric passports. The mark about crossing of frontier by the child till 14 years becomes in the passport of one of his parents, after 14 years – it is necessary to make out own. If you are still using an old-style international passport and it is valid, then you do not need to take any additional action.
But for those citizens who have already received a new biometric document and are going to cross the border with it, the state saved a small unpleasant surprise. It is impossible to enter data on other persons into documents of a new sample therefore the mark about departure of the child from the country simply there is no place to put. In this regard, the child will need to issue its own passport, otherwise it will not be passed across the border.
When you do not need to issue a permit
If children travel abroad with their mother and father, they need documents to leave the country and follow the route to cross the border. In fact, this birth certificate and visa (if necessary), and the mark will be made in the passport of any parent. However, this rule only works for those who got it before 01 APR 2015. Otherwise, paste a photo of the child in the passport will not succeed, and will need to draw up a separate child. If both adults have new biometric documents, as noted above, a similar document should be prepared in advance for the child. Without it, you just will not be missed.
In this case, by default, it is assumed that both parents have nothing against the fact that their child will visit another country and no permissions are required.
When permission is required
If children under 18 years of age cross the border accompanied by only one parent, then you need to have permission that the second does not oppose. Please note that even if you are divorced and a child (children) lives with you, it is still required to coordinate his trip abroad with his former spouse.
To avoid problems on the border, you need to perform the following steps:
Specify the details of the person who issued it. They should be entered without errors and coincide with the state database.
Specify the country, city of destination and time of stay abroad. If you plan to visit more than one country, all of them should be specified, that is, to make the most detailed route of travel.
The resolution is subject to notarization mandatory.
It is possible to cross the border without a second parent’s permission only if he / she has died or is officially reported missing. In such a situation, the relevant documents should be submitted.
When your child, alone or as part of an organized group of children, leaves the country without parents, such as another close relative or caregiver (teacher). He / she must present a permit to temporarily leave the country drawn up by both parents or two documents with the same date and the purpose of travel from each of them separately. It can be a co-written document, or two separate documents. The second option implies that the data specified therein are the same. You should also take care in advance to obtain a passport for your child.
If permission cannot be obtained by agreement
The consideration of this item will begin with another important point. The above rules apply to children under 16 years of age. If your child is between 16 and 18 years of age, then by law he is entitled to decide to go to him only accompanied by his mother (father) or not.
If the other parent is against the trip, then in such a situation, the father or mother is in their legal right and their position can only be challenged in court. To do this, compile and submit the claim, stating the reason for travel abroad and justification why the court should ignore the disagreement of the other parent. Each such case is unique, and it is impossible to assume the verdict in advance, so the protection of their point of view should be approached responsibly, it is recommended to have professional legal support. In the case of a positive decision of the court, he gives one-time permission to leave the country, which must include the purpose of the trip and time. You will not be released from the country with this document, if you have already used it before, or do not comply with the terms and purpose of travel specified in the court decision.
A second parent does not necessarily have to oppose, it may simply not be able to make the necessary authorization. But for the border service, this fact should be certified and have a death certificate. Similarly, there is a judicial verdict declaring incapacitated, missing or deprived of parental rights. If there are all the necessary documents, the child may leave the territory of Ukraine with one of the parents or with another adult in the presence of a properly prepared permit.
How to prepare for the consideration of the case in court
If you decide to use the procedure of registration of the document authorizing departure to the territory of other state of the minor in a judicial procedure, it is necessary to carry out careful preliminary preparation. It is worth understanding that such decisions are made by the Ukrainian justice not formally, and only on the basis of providing convincing proofs.
To get the desired verdict on your claim, you should perform the following actions:
The right to formulate and make a claim. A number of countries do not give visas until they receive the necessary documents and this permit may be one of them. Legally competent will ask for permission to grant the right to issue travel documents for travel abroad without the consent of the second parent.
To gather evidence that the child really needs this trip. Among the good reasons may be the need for treatment abroad, training or participation in various educational or social events, familiarity with relatives living in another country. There may be other reasons, but it is worth remembering that the court takes into account only the facts confirmed by the evidence. For example, in the case of treatment it may be a medical conclusion and a contract for the provision of services with a foreign clinic.
It is necessary to go to court only after the second parent refused to give consent voluntarily. Your oral statement about such a conversation will not be enough. For this purpose it is necessary to carry out it in the presence of the notary or at least two witnesses who will be able to confirm your words. Ideally, the second parent should make an official refusal, certified by a notary, to provide a voluntary consent to the departure of the child from the country. Violation of this paragraph may lead to the fact that the court will simply reject your application.
Provide evidence that the trip is in the best interest of the child. In such cases, the needs of children are a priority and need to be justified. Also by law, children over 14 years of age have the right to explain the matter to the court themselves. If the child declares to the hearing that he / she has no desire to leave the country, such a decision will be made.
In such cases, the court may not render a verdict without an explanation from the other parent. If it doesn’t appear to meetings since it won’t be able to find to the address specified by the applicant, hearing will be postponed. Therefore, it makes sense to independently monitor the moment, otherwise you just risk missing the trip.