Taking a child abroad

Family lawyer
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Candidate of Legal Sciences
Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Taking a Child Abroad,” I will tell you about a child traveling abroad, whether it is possible to take a child abroad without the consent of one of the parents, about permission for a child to travel abroad for more than a month, about how to apply permission to take a child abroad, about permission to leave a child abroad without the consent of one of the spouses, about how much a permit for a child to go abroad costs, about what documents are needed for a child to cross the border. Read the article to the end and contact our law firm for legal assistance in family matters.

Taking a child abroad

A child under 16 years of age may travel abroad accompanied by one of the parents or other persons (close relatives), in accordance with the Rules for crossing the state border by citizens of Ukraine, possibly with a notarized permission from the second parent.

Is it possible to take a child abroad without the consent of one of the parents?

Thus, in July 2018, new rules came into force according to which taking a child abroad without the consent of one of the parents is quite possible. This is good news if parents divorce and one of them wants to take the child abroad.

However, in this case, the child will be able to travel abroad for no more than 1 month. This time is quite enough to go on vacation with your child, send him to a summer camp or to a competition.

Also, taking a child abroad is possible without a notarial agreement of one of the parents, if the latter are not married, but continue to maintain a relationship and see the child and one of them does not evade paying child support.

Thus, the parent with whom the child lives must send a registered letter to the other parent with information about the child’s departure abroad.

Permission for a child to travel abroad for more than a month

Thus, you can go abroad for more than 1 month without the consent of the second parent if, firstly, the latter has arrears in paying child support, the amount of which exceeds the amount of payment for 4 months (3 months if the child is seriously ill or with a disability (this is confirmed by a certificate from a medical institution.) Secondly, you must present a certificate issued by the State Executive Service.

In all other cases, notarized consent to take a child abroad is necessary.

Also, taking a child abroad without the consent of one of the parents is possible if:

  • one of the parents is a foreigner or stateless person;
  • in the foreign passport of the mother (father) or in the child’s travel document there is a record of departure for permanent residence to another state;
  • recognition of the second parent as incompetent;
  • there is a court decision recognizing the second parent as missing;
  • deprivation of one of the parents of parental rights.

Apply for permission to take a child abroad?

To issue a power of attorney, you must contact a notary with the following documents:

  • originals of passports, TIN of parents (parent);
  • child’s birth certificate.

The form of the power of attorney will depend on who will be accompanying the child abroad.

If the parents have decided that the child will travel abroad accompanied by close relatives (grandparents, aunts, uncles), then consent to take the child abroad is necessary from both the father and mother. Therefore, the power of attorney will clearly indicate with whom the child will cross the border.

Remember that crossing the border is only possible if you provide the original power of attorney.

Permission for a child to travel abroad without the consent of one of the spouses

Depending on the situation, a power of attorney to take a child abroad is prescribed individually. According to the law, a power of attorney is provided for each trip separately.

If the purpose of the trip is treatment, training or meeting with relatives, then you can issue a power of attorney for several trips at once.

How much does it cost to allow a child to travel abroad?

The average price can range from 250-500 hryvnia, the price is determined by the notary certifying the power of attorney.

What documents are needed for a child to cross the border?

A child can cross the border of Ukraine by providing a foreign passport (from 16 years of age), a travel document or a passport of one of the parents (if the child’s data is included in the passport).

Due to the cancellation of the Migration Service of Ukraine in issuing a travel document for a child and entering data about the child in the passport of one of the parents, crossing the border of Ukraine for a child is possible only upon presentation of a foreign passport. However, a travel document for a child can be used before its expiration (until October 1, 2019).

Also on the site rozirvannya-shlyubu.com.ua the following materials may be useful to you: Actual marital relations, Adoption of a child, Parents’ right to a child, Father’s rights to a child, Divorce, Collection of alimony, Division of marital property, Deprivation of parental rights, Definition child’s habitat. 

Family lawyer
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