How to draw up a ban on taking a child abroad

Traveling abroad has long become an integral part of the lives of many Russians. People spend vacations in foreign countries, visit relatives, and travel for other purposes.

Often the whole family or one of the parents and a child goes abroad. It also happens that children travel as part of an organized group to tournaments, competitions and other events.

But all these plans may be hindered by a ban on the child traveling abroad.

Rules for children traveling abroad

The rules for crossing the border by minor citizens are set out in Federal Law No. 114. According to the law, children can leave for the country with one or two parents, the same applies to guardians. It is possible to travel with another person who is officially responsible for the child during the trip.

To leave the Russian Federation, children under 18 years of age need certain documents:

1. Permission from two parents in writing when they are not traveling with their son or daughter.
2. Passport.
3. Notarized consent of the guardianship authorities when the child leaves for 90 days or more.

According to legislation adopted in 2014, a child does not need consent from the other parent when traveling with his mother or father.

When a child travels with a guardian or a third party (coach, grandfather, other relative), the consent of two parents is required, which is issued in writing. You can make the paper once, indicating that it is valid until the citizen reaches the age of majority.

Important! If the consent specifies certain states to which travel is permitted, a new document must be issued to travel to another country.

Permission from mom and dad may be required when applying for a child’s visa to some countries. Such requirements apply in many embassies; permission is attached to the package of documentation submitted to the visa department. It is better to clarify this nuance in advance.

Children are allowed to travel to some states on the basis of a birth certificate, which indicates Russian citizenship. This applies to Belarus and Kazakhstan, Kyrgyzstan and Abkhazia, South Ossetia and Ukraine. True, problems may arise with travel to Ukrainian territory.

Methods for confirming Russian citizenship are determined by Presidential Decree No. 1325 of November 14, 2002. A confirmation document is a birth certificate if it contains information:

• about the Russian citizenship of mom and dad;
• the same for the only parent;
• Russian Federation citizenship of one parent, if the second is a stateless person, missing or it is impossible to establish his whereabouts;
• Russian citizenship of one parent, if the second is a foreigner, but the child was born in Russia;
• Russian citizenship of the adoptive parents included in the certificate;
• a special mark on Russian citizenship.

If the certificate was issued in another state, a mark is placed in the translated document with an apostille.

Regulatory framework of restrictions

Even though one parent can leave the country with their child without the consent of the other, the latter has the right to impose a ban on the child traveling abroad. This is stated in Article 21 of Federal Law No. 114 of August 15, 1996. If a parent or guardian, guardian or adoptive parent does not agree to take the child abroad, the issue is resolved exclusively in the courts.

The rules for filing an application regarding a ban on the departure of a minor have also been approved. The relevant rules are outlined in government decree No. 273 of May 12, 2003.

The border service has its own database, which includes citizens with limited rights to travel abroad. Information in this database comes from the FMS.

Children included in the database are not allowed to cross the state border.

How to find out if there is a ban on a child traveling abroad

Often, a mother or father learns that their child is prohibited from traveling abroad already during the trip. In such a situation, you have to cancel the trip, and money for hotel reservations, air tickets and other payments will not be returned.

Important! If there is a ban, non-flight insurance does not apply.

Accordingly, adults planning a trip with children should find out in advance whether there are travel restrictions for their family. For this purpose, it is necessary to contact the Federal Migration Service, where applications of this kind are taken into account in a centralized manner.

Adult citizens may be subject to a travel ban due to debt, work in law enforcement agencies, involvement in working with classified information, or problems with the law. Special mechanisms for checking restrictions are provided for them. For example, you can obtain information online on the Internet resource of the State Services or the FSSP.

There is only one way to check the existence of a ban on the removal of a child: by writing a request to the migration department. It may take up to 30 days to receive a response. An alternative option is to communicate with the other parent if the relationship remains normal. It is advisable to resolve any issues related to the travel of minor citizens abroad peacefully.

Algorithm for issuing a travel ban for a child

Each parent has the right to receive complete information about the whereabouts of their son or daughter, including movements within the country and abroad. This rule continues after divorce. If the second parent does not live with the child, then he has the right to issue a ban on the child traveling abroad at his own request.

The procedure has some features:

• an application for a ban must be submitted exclusively in writing;
• the applicant is not required to indicate the reasons for his decision;
• the author of the application is not obliged to notify the other party that he is prohibiting his child from traveling abroad;
• You can specify a specific validity period in the document;
• By default, the ban remains relevant until the child reaches adulthood.

Important! If there are travel restrictions, the child will not be able to travel abroad even with the parent or legal representative who imposes the ban.

Since the law does not oblige the applicant to inform the other party about his actions in terms of imposing a ban, the other parent often simply does not know about it.

Authorized authorities must notify the other parent of the ban, but in practice a number of obstacles arise.

This also applies to problems in the operation of the post office, due to which the letter does not reach the addressee, and many Russians do not live at their registered address. As a result, mom or dad are faced with insurmountable difficulties at the border control stage.

Applying for a ban is very simple. To do this, you need to contact one of the institutions:

• Migration service related to the applicant’s place of residence.
• Border control authorities.
• Russian consulate or diplomatic mission (if the applicant lives outside the Russian Federation).
• Consulate of the state to which the child has already left.

The last option is relevant for situations where a person has learned that his son or daughter has already left Russia.

A ban on a child’s departure is usually imposed for the following reasons:

• One parent objects to the child's specific travel arrangements. For example, after a divorce, a mother plans to marry a resident of another state and temporarily goes to live with him with the child.
• One parent intends to take the child for permanent residence abroad without the consent of the second parent.
• Each of the adults planned a vacation with the child at the same time, without agreeing with the other party.
• Mom or dad believe that the trip could be dangerous for their child.

The reason for introducing a ban for children is always the same - the lack of mutual understanding between parents and their reluctance to negotiate with each other and find compromises.

The application for a ban is written in free form, but you can also download a sample form from the Internet. The paper contains information about the authority to which it will be submitted. The following are written:

• information about the applicant’s identity (full name, place and date of birth, citizenship, place of residence);
• the same information about the child;
• the status of the applicant (mother or father, guardian or trustee, adoptive parent, etc.);
• disagreement with the departure of a minor.

Next, a list of documentation is written that is attached to the application, a signature is placed and the date of writing is indicated. You will need the passport of the person submitting the application, as well as a copy of the document confirming parental rights. This could be a birth certificate, a guardianship order, or another document.

Important! If the applicant does not have a child’s certificate, a duplicate can be obtained from the territorial registry office.

It should be remembered that authorized bodies may refuse to accept an application and refuse to execute it.

This happens if the person does not have the authority to request travel restrictions or the application does not contain the necessary information about its author or the child in respect of whom the ban is proposed.

You only need to contact the selected structure in person. Applications will not be accepted by email, postal mail or third party delivery. The application will not be accepted if the ban has already been imposed. The body that accepted the application must notify the applicant about the activation of the ban within 30 days.

The statement will not come into force immediately, but after a certain time. When submitting to the consular department or migration department, this will happen in a week or two. If the application is accepted by the border service, the ban will take effect within 2-3 days.

Lifting the travel ban for children

There are two ways to lift the ban on a child traveling abroad. The first is to negotiate with the applicant so that he cancels his claims. The second is to contact the judicial authorities. But this option is much more common.

When imposing a ban, the parent should not indicate the reasons he is guided by. But to lift the restrictions, you will have to present arguments, and quite compelling ones. Moreover, the annulment process already takes a lot of time, and if the other party argues its decision, then the consideration of the case may be delayed even more. Sometimes the trial period lasts six months or even more.

The situation is further aggravated by the fact that the legislation does not clearly formulate the grounds on which the ban on the departure of children will be lifted. Accordingly, judges are guided by their own position in each specific case.

A parent who has difficulty taking a child abroad due to a ban imposed by the other party must correctly formulate a lawsuit, indicating in it:

• official information about the defendant, himself and the child;
• specific situation and circumstances;
• reasons why travel is necessary and beneficial for the child;
• purpose of the trip;
• facts confirming violation of the rights of a minor;
• country and period of the planned trip.

The claim is accompanied by a passport and papers confirming the rights of the plaintiff as the legal representative of the child.

The court takes many factors into account. To increase the likelihood of a positive decision, it is advisable to take the following steps:

• Clearly justify the need for travel. The best option is a trip for the purpose of treatment or recovery with official medical recommendations.
• The court usually cooperates if the trip is related to the interests and activities of the child (sports tournaments, all kinds of competitions, creative competitions and other events).
• It is better to plan a trip during the holidays so that it does not interrupt the learning process.
• The availability of paid vouchers, tickets and confirmation of other financial expenses will play in the applicant’s favor.
• It is important that the destination country has a stable political situation.

The difficulty in such cases is that it is advisable to arrange the trip before the court hearing. However, the consideration of the case may be delayed or the hearing may be postponed altogether. In such circumstances, there is a risk of losing the money invested in organizing the trip.

One of the decisive factors is the desire of the minor himself to go on this trip, and with this particular parent. If the plaintiff is able to prove the negative influence of the other party on his child, it will be easier to cancel the ban.

In other cases, permission is usually issued for a specific trip, in accordance with the timing and destination specified in the application.

This means that the ban will have to be challenged every time the child needs to leave the country.

Sometimes the ban on a child traveling abroad is lifted automatically. This happens when:

• death of the second parent who established the restrictions (a certificate from the registry office or a death certificate will be required);
• inability to establish the whereabouts of the second parent (confirmed by a certificate from the Ministry of Internal Affairs);
• deprivation of the other party's parental rights (you must provide a copy of the court decision);
• the second parent is declared legally incompetent (a conclusion must be obtained from a specialized medical institution).

If a child requires urgent medical intervention or there is a serious threat to his life, the ban is canceled without taking into account the opinion of the parent who imposed it.

Important! In all matters relating to the establishment of limits on the removal of a child from the country, the adoptive parent has equal rights to the parent.

Every parent, even those who do not live with their child, can prohibit their child from traveling abroad. This does not require much effort; it is enough to write a statement without specifying the reasons.

But the other party will have to try to find out about such a ban, and then cancel it.

It is possible to obtain information about current restrictions from the Federal Migration Service; the ban can only be lifted through the courts.

But to do this, you need to prove that the child will benefit from this trip, providing undeniable arguments. True, there are several exceptions in which the ban is canceled automatically.

It is better to inquire about the presence of restrictions in advance, so that appropriate measures can be taken if necessary.

How to obtain permission for a child to travel abroad?

A permit for a child to travel abroad should be prepared for presentation to border guards. When compiling this document, questions arise for divorced parents and those accompanying children on travel. This could be his guardian or teacher.

Procedure for taking a child abroad

The initial task of any parent when traveling with children to another state without the participation of the second parent is to know how to obtain permission for a child to travel abroad in 2020. In this case, you should refer to the legislative framework of the Russian Federation; the law states that the parent has the right to travel with the child to another state without the second’s power of attorney.

Problems may arise only with certain countries for which consent must be obtained when issuing a visa. These are the following states: Schengen countries, Japan, USA, Malaysia, Singapore and New Zealand. These countries do not allow entry into their territory without a document because they want to do everything according to the law.

But there are places when traveling to which you should only take documents that officially certify your relationship. These are documents such as a passport of the accompanying parent with a record of the children and birth certificates of the children.

Countries that allow holidays with children without permission from the other parent:

• Türkiye.
• Egypt.
• CIS countries.

If a child travels without a mother and father, that is, with other accompanying persons, then obtaining consent for the child to travel to another state becomes a mandatory part of collecting all the papers, and sometimes a permit from one parent is enough. But some countries require consent from two parents for children to enter the country.

In the Russian Federation, issuing a foreign passport for a minor to parents is possible in two options:

• Entering information about children into your foreign passport. You can take advantage of this opportunity if the parent has an old-style passport. The new document format does not have this option.
• Registration of a personal passport for each child.

Russian citizens can take children on a trip when the children travel with their parents, with one parent, with a guardian and another accompanying person.

When do you need to obtain permission to leave?

According to Art. 20 of the law “On the procedure for leaving the Russian Federation and entering the Russian Federation”, there are cases when you will have to draw up a power of attorney for a child to travel abroad:

• A multiple entry visa is issued.
• A minor child travels to another state with one parent. At the same time, in order to travel abroad to Russia, you do not have to formalize consent. He will be asked to register in the Schengen countries.
• If the mother and father of the child are divorced, you will have to obtain consent for the child to travel abroad from the other parent.
• For children to travel with other relatives.
• For children to travel abroad for excursions, recreation and wellness treatments, and competitions with a school group. In this case, consent will have to be obtained from both parents.

In addition to border and customs services, the procedure for a child traveling abroad is regulated by the rules of air carriers. Before purchasing a plane ticket, you must check whether the airline requires children to be accompanied by an adult.

Required documents

To travel abroad, a minor must provide the following package of documentation:

• Birth certificate of a citizen of the Russian Federation.
• If the last names are different, then at the border checkpoint you will have to provide a birth certificate or a civil passport with the children registered there.
• Consent from one parent - if the child travels abroad with other accompanying relatives, guardians, or teachers without parents.

How to issue a power of attorney?

When drawing up consent, you should adhere to the legislation of the Russian Federation. When traveling abroad, this document will not have to be issued by both parents. In this case, it may be necessary to translate the power of attorney into a foreign language.

The initial task of a parent to write a document is to contact a notary office. After voicing the situation, the notary will help you draw up a document and certify it properly.

Parents can also draw up a document in the proper form and bring it to a specialist to obtain signatures and seals.

• More to read:
• How to lift a ban on a child traveling abroad?
• How to find out if there is a ban on traveling abroad?

Requirements for issuing a power of attorney:

• Parental permission for a child to travel abroad is drawn up on the form of a notary office.
• The document is translated into English and the language of the country the child is entering.
• The documents must include the name of the country to which the trip is planned.
• The document clearly states the period for which the child leaves the country. A power of attorney can be written up to 18 years of age, if the travel countries do not change in the future.
• In the absence of one parent, this is certified by relevant documents.
• It is written down who the children are going abroad with, and information about the accompanying person.

When traveling abroad, you must have not only a passport, a visa, a power of attorney to travel, but also a photocopy of your birth certificate certified by a notary.

Sample permission for a child to travel abroad

A sample permission to leave a child contains the following points:

• Details of the parent(s) who agrees to the child’s travel.
• Passport details and document certifying the birth of the child.
• Information about the place of registration of parents and children.
• Information about the person accompanying the children on the trip.
• A number of states to which the child plans to travel.
• Validity period of the permit, which includes departure and arrival dates.

The design must correspond not to one specific country, but to the international level.

Only a notary has the right to certify the permission: the usual written form and the signature of the parents will not be enough.

The document itself can be drawn up once, but indicating the event or date when its validity ends: for example, a child reaching 18 years of age, expiration of a foreign passport, etc.

But some countries may require a new permit to enter their territory and will not accept a long-term permit.

The consent must indicate the countries visited. In this case, you cannot write different designations of countries; it is necessary to list certain states. If the permit to travel abroad was issued by a notary of another country, then it must be accompanied by a translation into Russian certified by the consulate.

What is the validity period of the child’s travel agreement?

Russian legislation has a clear clause that states that parental permission for a child to travel abroad is issued for a certain period. Parents can draw up this document for a period that they will agree on together in advance.

For example, if a trip abroad is planned for July at sea, then parents can apply for a permit for the entire month. You can also provide a document taking into account the required dates when purchasing round-trip tickets.

But in both situations, the power of attorney is issued for a period with a margin of 2-3 days. You can also issue a document for the period until your passport or visa expires. It is possible to obtain a permit before the child reaches adulthood. But this happens extremely rarely.

There are also cases where parents are on bad terms and the question of an Enduring Power of Attorney arises. The legislation of the Russian Federation does not stipulate such situations until the parent is deprived of his rights to the child.

Due to ambiguous interpretations of the period of validity of a permit, notaries are recommended to use the maximum possible period - no more than 3 months. But these are only recommendations, and the notary cannot in this case impose restrictions on the time the children travel abroad.

When opening a visa for a child, the country's consulate employees always offer to issue a new permit with the exact date of travel written down.

Registration cost

The question of notary services worries many parents when preparing to travel.

But it is impossible to answer unequivocally how much it costs to notarize permission for a child to travel abroad, since each notary offers his own price list for services.

At the same time, the price of the permit varies from 1 to 10 thousand rubles. In this situation, everything depends on the validity period of the document and the cost of the specialist’s services.

Traveling abroad for a child from a single-parent family

When a child from such a family travels abroad, additional documents must be completed:

• A certificate from social security authorities for one parent, if he is raising children himself. This document will certify the status of a single parent.
• If the mother supports the children herself, then a certificate is taken from the registry office stating that information about the father was provided according to the mother.
• If one parent is deceased, a death certificate must be provided when drawing up the consent.
• Identification documents from the court if one parent is considered incompetent.
• For an orphan who lives with relatives, a certificate from the board of trustees is needed certifying this situation.
• If the surnames of one parent and the child do not match, you will have to provide originals and copies of documents certifying the child’s relationship with his relatives.

At the same time, they ask for a birth certificate and registration of the parents’ marriage. If there was a change of surname, then a certificate certifying this must be submitted.

Applying to court to obtain father's consent

If, through negotiations, the mother was unable to obtain the father’s permission for the child to travel abroad, she can go to court with one of the claims:

• on restriction of a parent’s rights regarding obtaining consent;
• deprivation of the father's rights to the child;
• imposing on the father the obligation to provide consent to leave.

In court, the mother must provide evidence that the father does not take part in the child’s life and acts against his interests.

Of course, court proceedings on the limitation or deprivation of parental rights are a complex process. If there is an option to avoid this method, it is better to use it.

In practice, there may be situations when permission from the father cannot be obtained. For example, if your father has died, then when traveling abroad to Russia you need to have a certificate of his death. If the father has been declared incapacitated, the border guards are provided with a document certifying this fact.

1. We recommend these articles:
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Ban on traveling abroad

When one of the parents does not agree with the child’s departure to another state, a travel ban is prescribed. To draw it up, you will have to contact the Federal Migration Service and fill out an application. The parent who files the injunction is not forced to notify the children or ex-spouse of the injunction.

Read also: Children in the hospital with their parents: up to what age according to the law

If there is a possibility of restrictions on travel, it is better to look at this fact in advance on the website of the FSB Border Service. If the ban is not justified, it can be appealed by filing a petition in court. The appeal process takes a long time, so you need to worry about this in advance.

The court ruling does not exempt from the ban; it is of a one-time nature. Therefore, if you travel to other states frequently, it is better to resolve this issue by filing a claim for deprivation of parental rights.

A judge is asked to deprive the rights of a child if child support is not paid, the parent behaves hostilely towards the child and does not fulfill his parental responsibilities. You can also ask for restrictions on the parent’s rights that apply to taking children abroad.

In some cases, to travel abroad you need to obtain consent from one of the parents. To draw it up, you need to contact a notary office. But some countries do not require this document. To travel abroad, you will need to take your passport and child’s birth certificate with you.

Source: https://namillion.com/razreshenie-na-vyezd-rebenka-za-granitsu.html

Ban on traveling abroad for a child: how to apply and remove it

Russians are increasingly traveling around the world. Of course, children usually travel with their parents. But sometimes accompanied by third parties - teachers, coaches, and so on.

In this case, permission to travel for minor citizens is required. Almost everyone has heard about this, but not everyone knows that restrictions may be placed on international travel.

Let's find out what the ban on a child traveling abroad is.

The main regulatory framework regulating the procedure for crossing the Russian border is Federal Law No. 114-FZ. Art. 20 of this normative act is devoted to the rules for traveling abroad for minors. The rules provide that:

• A child may leave the Russian Federation accompanied by any of his legal representatives, which include parents, guardians and trustees. In this case, no additional permissions for children are required. A child may travel with the mother without the father's permission or with the father without the mother's formal approval. The absence of a ban in this case is the consent of the second parent to travel abroad.
• If minors leave Russia accompanied by persons who are not their legal representatives, the official consent of a parent, guardian or trustee is required. This document is often called a power of attorney. The absence of a prohibition from other legal representatives in this case is also regarded as consent.

We are talking about Russian rules for traveling outside the Russian Federation.

The laws of foreign countries may establish their own entry requirements. In particular, to obtain a visa to the Schengen countries, travel permission from the second parent is mandatory.

Find out more about how permission for a child to travel abroad is obtained.

For what reasons may a minor’s foreign trip not take place?

People often ask whether the father of a child can prohibit traveling abroad. The answer to this question is yes. If parents are not deprived of their rights in relation to their son or daughter, they can impose restrictions on their movement around the world. So, the trip may not take place if:

• The child does not have a foreign passport. Old-style Russian international passports allow children to be included in them, so in this case you can use a birth certificate. In the rest, the child needs a personal document to travel abroad.
• No parent or guardian permission to travel. If a child travels with one of these representatives, the need for this document is determined by the rules of the state to which the voyage is made. Therefore, you should familiarize yourself with the laws of the country of arrival in advance. Often the rules require that the power of attorney indicate the persons accompanying the minor and the validity period of the document.
• The presence of an official ban on leaving Russia from one of the minor’s legal representatives. If such a document exists, the Russian border service will not release the child abroad.

The question remains relevant: if the parents have debts, will the child be allowed to go abroad? Now the Federal Bailiff Service is actively using pressure on debtors, prohibiting them from leaving the country. Of course, this measure does not apply to children. It’s a different matter when the accompanying person’s right to travel is limited. Then neither he nor the minor will be released outside the Russian Federation.

Practical advice. Before applying for a visa or buying tickets to another country, we recommend checking whether there is a ban on leaving the country. You can do this quickly, safely and online using the proven service Nevylet.rf

Procedure for imposing restrictions on children's foreign travel

The procedure and deadline for the implementation of such restrictions is regulated by Decree of the Government of Russia No. 273 of 08.05. 2007. The legal representative of a minor must know the following rules:

• It is not necessary to justify your decision. That is, the simple disagreement of one of the parents is quite enough to prevent leaving Russia. However, such a step can be appealed in court, so it is better if the document contains compelling reasons for disagreeing with the trip abroad. Otherwise, it may be canceled in court.
• It is necessary to fill out a corresponding application. It can be written or printed. As for where to apply to prohibit the removal of a child abroad, the application should be submitted at the place of residence to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service).
• The person imposing a ban on crossing the border is not obliged to inform the child or his other legal representatives about this. Therefore, before traveling, it is recommended to check whether it will be possible to leave Russia with a minor.
• To issue a travel ban, a person permanently residing abroad should submit documents to the Russian border service through the diplomatic missions of our state in the country of residence.
• The application must contain information about the applicant and the child. In addition, you need to justify your right to impose a ban, that is, indicate the presence of family ties or the right granted by law to be a representative of the child. The information provided must be supported by documents. Such an application also allows you to cancel a previously issued permit to take a child abroad.

Who can prohibit a minor from leaving the country?

Persons and organizations that have an official duty to look after their interests have the right to block international travel for children. The exit can be closed:

• Parents. As already noted, the disagreement of one of them is sufficient. Divorcing spouses often use children to settle personal scores. For example, a husband prohibits his ex-wife from traveling with children due to a difficult relationship with her. In this case, the restriction will have to be lifted through the court.
• Legal guardians, trustees, and adoptive parents.
• Employees of state guardianship and trusteeship authorities.

How to make an application

An application for a ban on taking a child abroad is drawn up in any form, taking into account the rules established in office work:

1. At the top of the sheet on the right is the so-called document header. It indicates to whom the application is addressed, information about the applicant and his contact details.
2. The name of the document is entered in the middle of the line.
3. The contents of the document are outlined below.
4. The document is signed by the applicant, and the date of its preparation is recorded.
5. At the end there is a list of attached documents.

We invite you to familiarize yourself with a sample statement of disagreement with the child’s departure abroad.

How to check for a ban

The FSB Information Service, which includes border troops, does not provide information about the imposition of such restrictions. You will only learn the unpleasant news at the border, which, of course, is extremely inconvenient and can disrupt your planned trip.

It is possible to obtain information about the existence of a ban from the Main Migration Department of the Ministry of Internal Affairs. You can apply there in person or through the official website. You will have to wait about a month for an answer. It’s easier, of course, to find out everything from your ex-spouse.

In addition, you can find out the necessary information on the FSSP website or through special online services using your passport or last name. When choosing the second method, you need to be careful and use only proven resources.

Find out more about how to check your travel ban.

Is it possible to remove the restriction?

If the trip is made in the interests of the child, it makes sense to contact the ex-spouse. Only he can lift the ban without trial. You just need to convince him that the child will return to Russia.

When it is not possible to reach an agreement with the second parent, all that remains is to file a claim to lift the ban on the child traveling abroad. You should understand that the problem will not be solved quickly. The judicial procedure is always associated with many nuances, so you will need the help of a lawyer.

How to lift a ban if you imposed it yourself

Lifting the restriction on a minor’s travel abroad is also available to a parent who previously expressed objections to these trips. You can use one of the options:

• Contact the Main Department of Migration Affairs of the Ministry of Internal Affairs with an application to lift the imposed restrictions. In this case, the minor will be excluded from the border database of children prohibited from leaving the country.
• Issue a notarized consent for the child to travel abroad. The document indicates the country into which entry is permitted and the duration of the trip. Such permission will not lead to the exclusion of the child from the border database, and the ex-spouse will have to coordinate all subsequent trips with you.

Through the court

If it is not possible to reach an agreement with the former spouses, the only way to resolve the conflict is to file a claim in court. In this case, only the ban itself is appealed. You cannot ask the Border Patrol to remove your son or daughter from the border database.

When considering such cases, courts take into account many factors, in particular:

• Availability of tickets for the trip.
• The child’s desire to go on a trip with this particular parent.
• Length of stay abroad.
• The season in which the trip is planned.
• The necessity of this trip.

A long trip abroad, as well as a trip planned during the time when the student is supposed to attend school, may become the basis for a decision in favor of the parent not allowing the child to travel.

It is important to understand that the trial is a kind of competition, that is, the decision is made based on the arguments made by both sides.

Therefore, it is recommended to seek the services of an experienced lawyer.

Arbitrage practice

As judicial practice shows, it will definitely be possible to lift the ban on a child’s departure if he needs treatment abroad (if such medical care is not available in Russia). In other cases, the court listens to the arguments of both sides.

Each parent has the right to communicate with the child and raise him. A long trip abroad deprives the ex-spouse remaining in Russia of such an opportunity, so the court may take his side.

In general, the judge puts the interests of the child first.

If you can prove that the trip will be useful for your son or daughter, and the objections of your ex-spouse are dictated by selfish considerations, the chances of winning in court are quite high.

Conclusion

A ban on children leaving Russia can be imposed by any of the parents and legal guardians. If there is an official statement about this, the child is included in the border database, after which it will not be possible to take him abroad.

The easiest way to lift a restriction is to reach an agreement with the person who imposed the ban. If you convince him that the trip is in the interests of his son or daughter, the situation will be resolved quite simply. When negotiations lead nowhere, the next step is to go to court. In this case, the court will proceed from the interests of the little citizen, and not from the desires and ambitions of his parents.

And finally, the most interesting thing is the restriction of travel abroad for debtors. It is the status of the debtor that is easiest to “forget” when getting ready for your next vacation abroad.

The reason may be overdue loans, unpaid housing and communal services receipts, alimony or fines from the traffic police.

Any of these debts may threaten to restrict travel abroad in 2020; we recommend finding out information about the presence of debt using the proven service nevylet.rf

Read also: Divorce without children: through the registry office, through the court, without property

How to check the ban on a child traveling abroad?

You can submit a written application to the department of the Ministry of Internal Affairs on migration issues with a request to provide information regarding a minor child (full name, date of birth, residential address) regarding the presence or absence of a ban on the child’s departure outside the Russian Federation.

Ways to check a ban on a child traveling abroad

It is not at all difficult for one of the parents to take a minor child outside of Russia.

Federal Law No. 114 provides that a child can travel abroad with one accompanying parent without the written permission of the second.

However, the other parent has the right to prohibit travel abroad if he fears that the minor will be taken away for a long period of time or if such a trip will not be beneficial for him.

A ban on traveling abroad is imposed by submitting an application to the department of the Ministry of Internal Affairs for migration issues. Information about the ban is transmitted to the Border Guard Service. Under no circumstances will the border guards allow the child to pass until such a ban is lifted. Before planning a trip, the first thing you need to do is make sure that there are no obstacles to leaving. How to do it? — we’ll tell you in our article.

Receiving notification of a ban on a child's departure

According to Order of the Ministry of Internal Affairs No. 62 dated February 11, 2019. An application to prohibit a child from traveling abroad is registered on the day the citizen applies, and within 5 days it is subject to consideration.

Next, both parents are sent a notice of a ban on the departure of the minor at their place of residence.

This document is an official confirmation that one of the parents is against the child’s travel outside Russia.

The notice shall indicate:

• details of the parent who imposed the ban;
• child data;
• information that the issue of possible departure is being resolved in court.

If the parent has received such a paper, then his further actions are to remove the restriction.

Attention: The parent may not have received a notification if information about him or her was not initially included in the application for a travel ban. Also, the letter could simply get lost in the mail.

Inquiry about the presence/absence of a ban

The parent with whom the child will travel to another country can submit a request to the department of the Ministry of Internal Affairs. It is better to do this shortly before departure, since a month ago there might not have been a ban, but a week later it could appear. The authorities are obliged to respond to a written request from a citizen by providing a response in the same form.

What documents are needed to submit a request?

Copies of the following must be attached to a request for information about the existence of a ban on the child’s travel:

• a document confirming the identity of the applicant;
• child's birth certificate.

Important: If the request is submitted by another legal representative (guardian or trustee), then a copy of the document confirming the authority is provided.

How long to wait for an answer

The request is registered within 3 days of receipt. The law sets a deadline for a response - it is 30 days. This is the deadline for providing any information on the results of consideration of applications. In practice, answers come much faster.

Request Forms

You can submit a request in any convenient way. The following options are possible:

1. By sending via Russian Post (with a list of attachments);
2. Through the Internet website of the Ministry of Internal Affairs https://mvd.rf.
3. Through the mailbox at the checkpoint at the entrance to the Ministry of Internal Affairs;
4. Facsimile;
5. At a personal reception in the reception area of ​​the Ministry of Internal Affairs.

All information is provided only to the person who submitted the application.

Is it possible to check the ban data in the registry?

Today, almost all services operate in electronic databases. However, not all of them are publicly available to citizens. The register, where information about restrictions on children traveling abroad is entered, is available to the Ministry of Internal Affairs and the Border Guard Service. Citizens online do not yet have the opportunity to check whether there is a ban.

How to lift the ban on traveling abroad from the Russian Federation

Such a joyful event as a holiday abroad can turn into trouble even when crossing the border. This may be due to the fact that there is an outstanding debt, for example, on a loan or for utilities.

What to do in this case? Is it possible to quickly pay off your debt and go on vacation? Before planning your vacation, you should make sure that all debts are paid off. In this article we will look at how to lift the ban on traveling abroad in the Russian Federation.

When is a ban on travel outside the Russian Federation imposed?

A citizen of the Russian Federation will not be able to leave his country in the following cases:

• If he is suspected or accused of committing a crime, or if he is convicted of a crime. The ban will remain in effect until the court pronounces an acquittal, closes the case, drops the charges, cancels the penalty, or releases the citizen without imposing a penalty.
• If a citizen serves in the army, travel abroad will be possible only after its completion. The exception will be contract soldiers who have special permission to leave the Russian Federation. Persons who have received a deferment or exemption from conscription can travel abroad.
• When evading duties imposed on a citizen in court;
• If he has access to state secrets. In this case, several categories of secrecy are provided, each of which imposes its own restrictions. If the secret has a level of simply “secret”, then this should not serve as an obstacle to traveling outside the Russian Federation. When working with “particularly important” and “top secret” documents, the citizen will receive a ban on traveling abroad for 5 years from the date of last contact with such documents.

Important! A ban on leaving the Russian Federation has also been established for FSB employees, but they are familiar with this provision, since it is stipulated when concluding a service contract. The ban is lifted only upon a report submitted to senior management no later than 3 months before the departure date.

Ban on leaving Russia for debts

The largest category of citizens restricted from traveling are debtors; they do not have the right to travel outside the Federal Republic in the following cases:

• If a writ of execution is issued against the debtor, enforcement proceedings are initiated.
• The debt exceeds 10,000 rubles;
• Less than 3 years have passed from the moment of issuance of the writ of execution to the moment of the travel ban;
• A copy of the ban document was sent to the FMS and the debtor.

Bailiffs impose a ban on the debtor's departure only if all the specified conditions are met. In this case, the amount of debt is of particular importance.

Today, the amount of debt that limits travel abroad is 30,000 rubles.

For those debtors whose enforcement documents contain demands for the collection of alimony, property damage or moral harm, the amount of debt should not exceed 10,000 rubles.

Important! In the event that there is one late mortgage payment or a couple of months of unpaid utility bills, this will not mean that a travel ban has already been imposed. Banks or company managers do not have the right to impose such restrictions. But they can sue the defaulter, but they do this, as a rule, if the payments are already 6 months overdue.

How to find out about a travel ban

If the ban order was not received at the postal address, this does not mean that it does not exist. Before you go on a trip, it is worth checking whether there are any restrictions on traveling abroad. This can be done via the Internet. All information is presented on the following sites:

• FSSP, where information about debtors is posted, on enforcement proceedings, seizures of property and restrictions imposed. On this site you can also print out a receipt for paying the fine, and then pay;
• Public services, where you can find information about unpaid fines and existing debt. If they exist, then travel restrictions will apply;
• Inspectorate of the Federal Tax Service.

But even if the bailiff’s website indicates that proceedings are underway against a specific person, this will not mean a ban on leaving.

To begin with, it is worth clarifying exactly what restrictive measures have been taken, as well as what can be done to remove them.

You can obtain information from the authority where this production is located (article ⇒ Reasons for the ban on traveling abroad from Russia).

How to lift the ban on traveling abroad of the Russian Federation

If a ban on traveling abroad is imposed due to unpaid debts, then the only solution to the problem is to pay the debt. However, this does not mean that you can pay off your debt and immediately go on vacation.

Some citizens think that this can be done almost at the border, but this is not so. After paying the debt, the ban will be lifted only in two to three weeks.

Although in the near future it is planned to provide the opportunity to pay debt directly at the border, but until this system works, payment should be made in advance.

In order for the restriction to be lifted, a resolution will need to be issued by bailiffs. This Resolution will be sent to the migration and border services, and on its basis the information in the debtor database will be changed. Thus, simply presenting a receipt at the border confirming payment of the debt will not work.

Important! The prohibition order contains the period for which the restriction is established. It is usually 6 months. If after this period the debt is not repaid, the bailiffs will issue a new ruling. However, this will also take about 1-2 weeks. During this period of time, the ban does not apply and you will be able to leave the country.

In some cases, the decision to ban can be appealed. If the debtor does not agree with the decision, he can go to court. You can appeal the restriction in the following cases:

• An illegal travel ban, for example, if the debt is less than 10 thousand rubles, or the information about the debt is incorrect;
• The senior bailiff did not approve the travel ban;
• The debt was paid off, but the bailiffs forgot to lift the ban;
• The production order was not sent to the debtor.

There is also the possibility of temporarily lifting the ban if the debtor needs to travel abroad for treatment. But for this you will need to provide documentary evidence, for example, an agreement with a medical institution, a doctor’s prescription, etc.

if traveling abroad is necessary for the purpose of work, then you need to contact the bailiff for the purpose of temporarily suspending the ban. They can go to a meeting and allow departure.

But each such case is considered individually; the legislation allows bailiffs to make such decisions independently.

How to lift a ban on traveling abroad for a minor child

Separately, it is worth considering the ban on the removal of minor children by one parent without the consent of the other. Quite often you may encounter a situation where one of the parents applies to the Federal Migration Service with a ban on the child’s departure.

The other parent may not know anything about this, since notification to the other parent will not be required.

Such a ban can only be lifted in court, which, of course, will take a lot of time (article ⇒ Amount of debt for a ban on traveling abroad 2020).