How to take a child abroad without the father’s consent: step-by-step instructions

• Is the father's consent required for a child to travel abroad with his mother, and what documents will be required to cross the border?
• Many countries impose very strict rules on the entry of minor tourists into their country in order to combat child trafficking.
• Therefore, it is important to know the requirements of different countries and internationally established rules.

Border crossing rules

One of the main questions that parents should ask when traveling with their children is whether permission is needed for the child to travel abroad from the other parent.

When a minor travels with both parents, no one has any problems or additional questions. But when a trip with both parents is impossible, you need to prepare a mandatory package of documents in advance.

Each country has the right to establish its own entry rules for visitors . European countries are especially sensitive to the arrival of minor tourists. But third world countries are quite loyal to any visiting tourists.

Therefore, when planning to travel with a child with only one parent, he should act as follows:

1. Clarify the rules for crossing the border of the country where he is planning to travel. In this case, it is important to take into account not only the final country of arrival, but also all the transfer points through which the route will be laid. For example, if you plan to transfer to another plane in the United States, all passengers are required to have a transit visa. And to receive it, you must undergo an interview at one of the embassies. And when traveling by train to France, you need to clarify the rules for crossing the borders of all countries through which the train route is laid.
2. It is important to find out and prepare all the necessary documents, including visas.
3. Only after this can you travel with your child.

If you do not prepare in advance, you may encounter the fact that incoming tourists will not be allowed in at the country’s border and will be deported back to Russia.

It is important to know with whom minor children are allowed to travel:

• with both parents;
• with one of the parents;
• with a guardian;
• without parents, accompanied by a third person.

It is important to know whether the father’s permission is needed for the child to travel abroad with his mother from Russia. As a general rule, it is not required.

That is, in fact, a minor child can leave the country with one of the parents without any problems.

Important point

The only exception to this rule is when the father has filed a statement of disagreement with the Migration Service. In this case, border officials will not be able to release the child from the country.

If there is such a ban, the child’s departure can only be carried out if there is an appropriate court decision.

Such circumstances will include:

• the need for urgent treatment abroad;
• the feasibility of educating a child in a foreign school.

A simple trip, most likely, will not be a compelling argument for the court to give such permission for a mother and child to travel.

Traveling without permission

Based on the general rule, a child’s travel abroad with one of the parents is possible in the following cases:

• in the absence of a ban from the other parent on leaving the country;
• provided that the receiving country does not require the consent of the other parent;
• if the second parent is not alive, and there is a document confirming this;
• in case of deprivation of parental rights of one of the parents, and this is also documented;
• the second parent is considered officially missing and this is confirmed by a police certificate or a court decision;
• the child is raised by only one parent - a single parent, which is confirmed by a document in form - 25.

All these circumstances provide grounds for a child to leave with one parent. But you must have the original documents.

It is also best to worry in advance about possible problems during passport control and translate these important documents into international English. Such a translation must be certified by a notary.

In this case, going through passport control will be much faster and there will be less chance that border guards will stop you for additional document checks.

Nuance

Another problematic situation may be the circumstance that the parent and child have different surnames . This situation occurs quite often.

In this case, it is necessary to have a birth certificate of the minor, which will indicate that this person is indeed the parent.

When visiting European countries, it is better to additionally translate this document into English and have this translation certified by a notary.

Is it possible to take a child abroad without the father’s permission without special papers giving the right to do so? Traveling abroad from Russia is possible in all cases when there is no prohibition from the second parent.

But entry into another country may be limited. The countries of the Schengen area are especially strict about this.

To visit these powers, each traveling person will need a visa . To obtain a visa, the father's consent is required.

Registration of permission

This document is valid indefinitely . It can only be canceled by a new document prohibiting the child from traveling abroad.

Thus, if the family involves frequent travel of one parent with a minor child, it is better to take care in advance and draw up the consent of the other parent.

This will greatly facilitate and save time in preparing travel documents on subsequent trips.

It is important to know how to obtain a permit because it is a very important document. It must be notarized.

When registering consent, the parent must come to any notary office with the following documents:

• with your passport;
• with the baby's birth certificate.

Based on these documents, the notary's assistant draws up the text of the consent. Here it is important to indicate a list of countries that the parent allows the child to visit. Generalizations are not allowed.

The list can be very long. The most important thing is that the host country ends up being listed on this list.

Next, the notary’s assistant gives the compiled text to the parent for verification. It is important to pay attention and check that the following information is filled out correctly:

• date of issue of the document;
• Full name, passport and registration details of the parent;
• similar data of a minor child;
• dates of travel, if consent must be time-limited;
• list of countries permitted for travel;
• availability of information that the adoption of a child and the detention of a child are not provided for in these countries (if this is indeed the case).

After checking all the data, this text is printed on a special form, where the parent signs. The notary also puts his certification there.

This service is paid. Its cost includes the standard state fee for document certification and technical work. In 2020, the fee is 100 rubles.

If you want to save money on this, the parent can independently compose the consent text and provide it electronically.

After receiving consent, the parent can also arrange a notarized translation into English here, if necessary. You will also have to pay a separate fee for this.

If the father does not consent

It often happens that after a divorce, parents cannot resolve issues peacefully. Each of them tries to limit the common child’s communication with the other parent and turn him against each other.

What to do if the father does not give permission for the child to travel abroad? In this case, there are several options:

1. In the absence of a direct ban from the father to leave the country, the mother can travel with the child to a country where such consent is not required.
2. The mother can file a lawsuit and try to obtain court permission for the child to travel abroad. But in this case, she will have to provide very strong evidence of the need for such a trip in the interests of the child.
3. The mother may try to deprive the parent of his rights if there are grounds for this. If the father's parental rights are deprived, his consent will not be required.

The mother will have no other options but to try to come to an agreement with her ex-husband and convince him to consent to the departure of the minor.

Countries that do not require the consent of the second parent include most visa-free countries. This list can always be clarified with a travel agency.

1. There, employees will always advise you on the mandatory list of documents for entry into this country.
2. If the father, without reason, prevents the child from traveling abroad, and he really needs this trip, the mother must prove this.
3. She can file a lawsuit to obtain court permission to travel abroad with a minor without the consent of the father.
4. But it is important to know that recently the requirements of the Schengen countries have become much stricter regarding the entry of children.

Therefore, now such a court decision may not pass and entry into the country will be denied. It may be suitable for other countries.

Schengen countries currently require incoming citizens either formal consent or a full transfer of rights to one parent. In this case, a court decision will be required to deprive the father of parental rights.

But there must be good reasons for this:

• failure to pay mandatory child support and evasion of one’s obligations;
• causing physical or psychological harm to a minor;
• committing a criminal offense against a child or other parent;
• abuse of parental authority;
• refusal to pick up their children from medical or educational institutions;
• the presence of chronic alcohol or drug addiction diseases in the father.

In the absence of such grounds, the court will not be able to deprive the father of his rights.

Therefore, when planning a trip with a child, you must know the rules of entry into the host country, the necessary documents and how to take a child abroad without the consent of the father.

Source: http://semeinoe-pravo.net/nuzhno-li-soglasie-ottsa-na-vyezd-rebenka-za-granitsu-s-materyu/

Taking children abroad without the father's permission: is it possible? Features of the procedure, required documents

Very often a situation may arise in which one of the parents, for personal reasons (as a rule), refuses to give consent to the second parent to travel (for some time) abroad.

For example, the parents are divorced, the baby remains with the mother. Dad serves as an obstacle to the little one vacationing with mom, for example, in Turkey.

How can we make sure that this doesn’t happen, so that taking children abroad without the father’s permission is completely acceptable? This will be discussed in the article.

Legality of actions

Taking into account the norms of Federal Law No. 114 “On the procedure for leaving the Russian Federation and entering the Russian Federation,” taking children abroad without the permission of the father can be considered legal. The exception is cases in which the second parent expresses his disagreement with these actions in a legal manner, documenting his opinion.

If the child is a minor, then by law he has the right to leave his country absolutely freely, and at least one of his parents (legal representative) must be with him.

Read also: Check the queue for kindergarten: Moscow region and Moscow

If the father is silent, then in this case it will be regarded as his consent. When the question arises of obtaining an export permit in controversial situations, they can be resolved exclusively in court.

Taking children abroad without the permission of the father from Russia can be considered resolved according to all legal canons. Some difficulties may arise when entering another country, the legislative framework of which requires the presentation of a permitting document from the second parent.

Therefore, the right decision would be to thoroughly study the rules of entry into another country before going there on vacation or on business.

You can come for a consultation with a lawyer, who will first be able to suggest a list of documents that will be needed when crossing the border, and then help them prepare them legally correctly.

Most frequently asked questions

It just so happens that mothers deal with issues of obtaining permission from the baby’s father to a greater extent. And frequently asked questions contain concern that, for example, the parents have been divorced for several years, the father does not take any part in the child’s life and does not make contact. And how, in this case, either get permission from him, or go on vacation with the baby without it?

Taking children abroad without the father's permission (the responsibility in this case is really significant) can be carried out on the basis of a court decision: the father objects or does not show himself, then the necessary document is drawn up by the judicial authority. The mother goes to court with a statement of claim, which reflects the issue of allowing the minor child to temporarily travel abroad.

Many or few

Based on experience, we can say that in most cases, permission for a child to leave his native country can be granted for a certain period of time, indicating a specific country and accompanied by either one of the parents or another responsible person.

It is much less common to obtain a court decision to allow a child to travel abroad until he reaches the age of sixteen. Such decisions are usually made if the location of the defendant is unknown, or he constantly avoids issuing his ex-wife permission for the child to leave the country, which was certified by a notary.

How to cross the border

Children who have not yet reached the age of sixteen can leave the country with the consent of both parents and accompanied by them (or accompanied by a person (persons) authorized by them and who have reached the age of eighteen).

If the accompanying person is a parent or a person authorized by him (in this case, a notarized consent will be required), then the child can leave with the consent of the second parent, certified by a notary. Moreover, the document must indicate the name of the state where the child will go, the time period of stay there (this is if the second parent is not indicated at the checkpoint).

From the above, it is clear that the law requires obtaining the father's consent. But still, there is a way out of this situation, and taking children abroad without the father’s permission is quite possible. A court decision can help.

But to obtain such a decision, the mother will need to prove through the court the need for the child to periodically travel abroad - for his health, recreation, development, both physical, moral, and spiritual.

Required documents

There is a certain list of documents that will be needed:

• a copy of my mother’s passport, a copy of the certificate of her identification number;
• a copy of the baby's birth certificate;
• certificate (original) from the place of residence stating that the child lives with his mother;

• receipt of payment of the court fee;
• if available, then a copy of the marriage certificate and divorce certificate from the defendant, that is, from the second parent (in this case, the child’s father is meant).

If you have this package of documents, you can go to court.

Useful tips: part one

In order to obtain legal permission for a child to periodically (for a certain period of time) travel outside the country, you will need to take several steps.

To begin with, a statement of claim is drawn up, which indicates a request to provide the mother with: permission, excluding the consent of the father, to draw up documents for temporary travel or accompanying the baby outside the country; permission to take a child out of the country, excluding the permission (or consent) of the child’s father.

Then you must pay a court fee - 2/10 of the minimum wage. This can be done at any bank branch. This receipt must be attached to the claim.

A statement of claim with all necessary attachments is submitted through the court office; the second copy will be intended for the defendant (the baby's father), and the third - for the mother - the plaintiff.

Mom must take part in court hearings. She will be notified of the time and place of their holding by summons or SMS messages to the contact number or address for correspondence that she indicated in the claim.

Useful tips: part two

After all, the mother needs to obtain a court decision to enter into legal force. And when border control is carried out, at all checkpoints it is required to present a court decision authorizing the removal of the child directly with identification documents.

If the defendant wants to appeal the decision of the local court, then the mother must take part in the consideration of the complaint in the appellate court until the latter makes a decision. And then she receives the appeal decision and can completely calmly go on vacation with the baby.

Necessary or not

In order for the mother to be able to freely first export the children abroad without the father’s permission, she will not need a document from the father to return to Russia later (after a vacation or treatment of the children, for example). In exactly the same way, mother and baby (or children) will be able to go to Italy, Greece or Egypt, without begging the ex-husband to consent to their removal.

There are some conditions for traveling abroad with children, which have long been agreed upon with some countries. Mom needs to know these rules so that there are no unpleasant surprises later.

Obstacles may arise if the mother decides to travel with the baby (or children) to England, the USA, Canada and countries included in the Schengen zone. That's when permission will be required. In this case, the removal (of a child if he needs to rest or receive medical treatment) can be carried out without hindrance.

We are going to the CIS countries and even further

Even if the parents have separated, a small (and not so small) child needs annual rest or, in the case of a serious illness, periodic treatment.

How to take children abroad without the father's permission? This question, no matter how much my mother studies the documents and the rules for their preparation, still remains one of the most pressing for her. If the trip is in the CIS countries, then a power of attorney from the father will not be required.

The removal (the child, unfortunately, in these situations acts as a stumbling block in parental disputes) can take place without her. If the child goes alone, or accompanied by relatives, a teacher, or a coach, then the consent of his mother will be required.

It is better to get a foreign passport for the child, but a birth certificate will be useful in order to confirm the relationship between mother and child if, for example, they do not look alike: the mother is fair, and the son is black-haired and dark-skinned. You will also need to confirm your relationship if the mother and child have different surnames.

The power of attorney for the removal of a child in 2016, in general, is no different from the previous ones. Some fathers do their best to prevent their children from crossing the border. Mom can go to court, but her application must be accompanied by evidence.

And for this she needs to obtain a waiver from the consulate of any country. It is also necessary to contact the guardianship authorities: they are the ones who will warn the parent that his actions violate the rights of the child, and the guardianship authorities will defend these rights in court.

The court proceeds from the fact that the father abuses parental rights and does not allow the child to move freely. Therefore, a decision will be made obliging him to provide a written power of attorney to remove the baby. And if necessary in the future, then these documents will be the evidence base for depriving the father of parental rights.

In this case, taking children abroad without the father’s permission will be carried out without hindrance: the mother will only need to provide a court decision, which has been certified by a notary. Then, when issuing a visa, consulate officers will know that the mother is the only and full parent of this child.

It is possible not to agree with the father on the right to take the child abroad even if the child disappeared and the search for him did not lead to anything. The mother will be able to single-handedly plan and arrange trips abroad with the child (or children) in accordance with a police certificate or the court recognizing the father as missing or deceased.

Source: https://BusinessMan.ru/vyivoz-detey-za-granitsu-bez-razresheniya-ottsa-vozmojno-li-eto-osobennosti-protseduryi-neobhodimyie-dokumentyi.html

Traveling a child abroad without the father's permission

Traveling a child abroad is a fairly simple procedure, but if one of the parents disagrees with their child’s trip to another state, the procedure for obtaining documents will be much more difficult.

According to the provisions specified in the current legislation, obtaining additional permission from the former spouse is not mandatory.

However, if an application is submitted to the relevant government agencies that the father is against the removal of the child, then obtaining such permission automatically becomes part of the package of documents.

What to do if the country of arrival requires the father’s consent

If this turns out to be impossible, then in the future the issue can be resolved in the following three ways:

Recognition of father as missing or wanted

If the father does not visit the child for a long time, hides his location and does not get in touch, then the mother has the right to contact law enforcement agencies and file an application to put the spouse on the wanted list. The received certificate stating that the parent is wanted may serve as grounds for the child to travel abroad without the permission of the father.

Forcing the father to sign an agreement in court

First of all, it is mandatory to try to reach a consensus peacefully, but if all appeals and dialogues lead nowhere, then the next step is to write a statement of claim and submit it to the district court. It must indicate the reason for the appeal, confirmed by legal papers, as well as the wishes regarding its solution.

For example, an ex-wife, indicating in the application information that she cannot go on vacation with the child due to the fact that the father does not sign the permission, must attach to it the received refusal to issue a visa without this document.

Attention! It is important that all dialogues and attempts to come to an agreement with your ex-husband regarding an agreement for the departure of a joint child should be conducted in writing. Subsequently, refusals received or ignored requests can be used as evidence of a violation of the child’s rights during court proceedings.

Read also: Maternity capital for repairs: apartments, houses, housing reconstruction

An application to the OPP and the court may lead to the official deprivation of the father's parental rights.

Important! In addition to the travel ban, other, more compelling evidence of violation of the child’s rights and failure to fulfill parental responsibilities must be presented to the court. For example, a father treats his child cruelly, does not pay financial assistance, or leads an incorrect (immoral) way of life.

Abusing your parental rights to manipulate your ex-wife and child is a violation of both the family and civil codes. Both the court and the guardianship council in such circumstances will in any case make a decision in favor of the mother and child.

After the court issues an order requiring the signing of the agreement, the father must issue this permission within a few days. If consent is not given, then this may become the basis for re-applying to the court, but with a request to deprive the parent of his rights regarding the child.

When a child travels abroad during a divorce, it is based on the same principles as a regular trip, but the parents themselves complicate the paperwork procedure.

So, collecting documents may take only a few days, but legal proceedings, filing lawsuits, and preparing the evidence base is a difficult and long-term process.

Attention! The departure of a child abroad with one of the parents after the other is officially recognized as deprived of parental rights must be accompanied by a notarized document confirming this fact.

To take a child out of the country, you must prepare the following documents:

• international passport for the baby and IR;
• a questionnaire completed by the mother;
• a document providing information about the exact purpose of the trip;
• power of attorney from the second parent (confirmation of deprivation of parental rights).

Important! Each country has its own rules and procedures for submitting documents. Some papers must be original, while others may be copies. In order for preparations for the trip to be successful, it is worth clarifying this issue with the embassy.

Another factor that may affect the request for documents is the child’s behavior during the move.

Features of the process of discharging children from housing

If border workers notice that:

• the baby cries and is mischievous;
• the child’s appearance is unkempt, he wears wrinkled and dirty clothes;
• the child’s expensive clothes do not match the cheap and unkempt appearance of his parents;
• cruel treatment of the child was observed on the part of the parents;
• parents leave the country where people are trafficked.

Border service officers may require additional documents, which will indicate information about the relationship with the baby and permission for his departure.

Trips to CIS countries

A trip with a child to the CIS countries can be carried out without obtaining a passport and an additional visa. She also does not require any additional permission from the father, however, if a parent’s ban is registered in the general database, then without his agreement it will not be possible to obtain approval at the border.

Also, parental approval must be present if the trip is carried out with a third party - grandparents, teacher, etc.

Attention! When a child travels abroad without a passport, it must be accompanied by a birth certificate and documents confirming the relationship between mother and child. This is especially important if the child and his parent are not similar in appearance.

Whatever country is chosen for the trip, it is necessary to carefully prepare a package of documents required not only by our country, but also by the embassy of another state. To do this, you can contact a specialized lawyer who has information about all the nuances in this legal area.

Is it possible to take a child abroad without the father’s consent?

Based on the law, a child can travel outside the Russian Federation without the consent of the father. Permission may be required when entering the territory of another country.

Read the article about the conditions under which the father’s consent is not required, how to take the child out if he does not give his permission and about the necessary documents.

Conditions

According to the provisions of the legislation of the Russian Federation, if a child crosses the border accompanied by one of the parents, the consent of the second is not required. There are a number of countries, upon entry into which border services require permission to leave a minor accompanied by one of the parents.

There are situations when a mother has the right to take a child to another country without the father’s consent:

• the father is considered missing. In this case, the child’s mother contacts the Ministry of Internal Affairs to obtain official confirmation. The received certificate will replace the exit permit;
• deprivation of father's parental responsibilities.

Grounds for depriving a father of parental rights:

1. Cruelty to a minor.
2. Late payment of alimony or refusal of it altogether.
3. Presence of alcohol and drug addiction.
4. Carrying out indecent acts that negatively affect the life of a child.

All of the above grounds are supported by documents, for example: medical certificates or recorded witness testimony.

How to take a child abroad without the father's consent?

If the mother of a minor wants to go on vacation with him or change permanent residence, then not in every situation she will need permission from the biological father. She first calls the embassy of the country she is going to visit and inquires about the need for such a document. If the embassy staff confirm that permission is not needed, then you can safely leave without your father’s consent.

If border service officers say that consent is necessary, but the ex-husband refuses to give it, then the mother will go to court to obtain it.

The statement of claim is sent to the district court at the location of the father. The mother collects papers and petitions for forced permission from the father to take the child abroad. The mother of a minor also has the right to file a claim for deprivation of his parental responsibilities, which will give her the right to freely travel with the baby.

Consent from the father can also be obtained through peaceful negotiations. If he answers positively, then the document is drawn up in a notary’s office and certified with the seal and signature of a notary.

In the absence of a father

A child can cross the border  without the father’s permission in the following cases:

• he was deprived of parental rights;
• died;
• missing.

In a situation where the father of a minor has died, there is no need to obtain a permit. In this case, at the border, the mother of the minor must provide a death certificate for the father and this will be enough to cross the border to any country.

If the father is missing, the mother has the right to obtain consent in two ways:

• by going to court;
• by submitting an application to the Ministry of Internal Affairs.

When going to court, the mother of the minor indicates the reason for taking him outside the Russian Federation. For example: a trip to visit relatives, on vacation or change of permanent residence. The judge considers the arguments provided and issues permission or refusal.

If the father has imposed a ban on taking the child abroad, then it will be impossible to obtain a permit without his consent.

List of documents

When crossing the border, a child accompanied by one of the parents must submit the following documents:

• accompanying person's identity card;
• passport or birth certificate of the baby;
• death certificate of the father, if he died;
• permission from the second parent, issued by a notary, if he gave it;
• a court decision on the absence of prohibitions on the removal of a minor from the Russian Federation;
• a certificate from the Ministry of Internal Affairs stating that the father is missing;
• mother’s book, if she is legally recognized as a single mother;
• a document proving the relationship between mother and child.

Border service officers have the right not to release a minor abroad if his mother does not present a document confirming their relationship.

It is possible to take a minor sister abroad with the consent of the mother

To prohibit a child from leaving the country, you need to fill out a statement of disagreement to leave. This can only be done by a legal representative, and not by any relative.

This application is submitted to the Ministry of Internal Affairs, and not to the border service. Data about the child will be entered into the general database.

If a child is prohibited from leaving, he will not be released at the border.

The ban can be revoked by the person who imposed it. If you want to achieve justice, you need to sue this person, and not the Ministry of Internal Affairs or border guards.

You can find out about the ban in advance upon request. There are no electronic services for verification.

A travel ban is more important than consent to travel. If the mother sent her daughter with her aunt abroad and gave her consent, but the father filed for a ban, the daughter will not be released.

From the age of 18, children can go wherever they want.

It won't be possible to leave. The child may be given a place to rest until someone close to him picks him up. Or you will have to stay with him without a vacation.

You will not be able to get your money back for the trip. Only travel insurance will save you if it is valid for such cases. Checking prohibitions is the responsibility of the parents, not the travel agency. But it is quite possible to sue for damages from someone who has banned travel. But for this you need to collect evidence. There is an example when one mother succeeded.

There are situations when the whereabouts of the father are unknown, and the mother needs to apply for a visa to a country where the permission of both legal representatives is required.

In this case, you will need to confirm this fact. To do this, the mother must present one of the following documents when completing the paperwork:

• a certificate from the Ministry of Internal Affairs stating that his whereabouts are unknown;
• a court decision that a citizen is considered missing.

To obtain a paper from the local police department, you must first contact them with an application to search for a citizen. If its location cannot be determined, a corresponding notification will be issued.

reference.

• Russian legislation primarily takes into account the interests of the minor.
• When arranging a child’s trip to another country, you should adhere to both the requirements specified in the regulations of the Russian government and those imposed by the country where the trip is planned.
• The laws that regulate the procedure for crossing the state border are as follows:

• Law No. 114-FZ of August 15, 1996;

About leaving a child abroad without the consent of the father: is permission needed in case of divorce?

On the territory of Russia, fairly strict rules have been established for persons under eighteen years of age to travel abroad. Therefore, before you go on a trip with minor children, you need to study the rules for crossing the state border, in particular, whether you need the father’s permission for such a trip.

The mother took the child abroad without the father’s consent, is this legal?

According to the current law, a child who has not reached the age of majority can travel outside the country accompanied by both parents or one person - mother or father (if they decide to divorce). The baby can travel without them. But only when accompanied by a guardian or a third party.

An exception to the rule may be a situation where the father has officially announced his disagreement with travel of this kind by submitting a corresponding petition to the Migration Committee. If there is such a statement, the border guards will not let the minor out of the country. In order for a child to travel abroad without the father’s consent, the mother will have to defend her rights through the court.

Read also: Replacing tax identification number when changing surname: through government services, after marriage, sample application

Important! A legal authority may allow a woman to travel with a minor only if she provides evidence that she intends to make this trip solely in the interests of her child.

Exceptional circumstances include:

• the need for urgent treatment of the child abroad;
• the opportunity to give your child an education at a prestigious foreign school.

If the trip is purely excursion in nature or is made for sightseeing, the court is unlikely to consider these reasons as compelling arguments.

To accompany a child alone on a trip to Russia, his mother, as well as the guardian of a minor child or a third party with access to the child, do not need any permission.

In order to take a minor for permanent residence outside his home country without the permission of his father, the person accompanying the minor must know under what conditions they will be able to cross the border of another state.

List of these requirements:

• Both parents did not impose a ban on taking the baby abroad (in particular, after the divorce).
• The legislation in force in another country does not provide for the consent of both parents (or only the father, if the baby is traveling accompanied by the mother) for the entry of minor children.
• The child does not have a father, and this fact can be documented.
• The father has been deprived of parental rights and there is a corresponding document confirming this.
• The father appears as missing and there is a document confirming this. Such paper may be a police certificate or a court decision.
• The child is being raised by a single mother who gave birth to him out of wedlock, as evidenced by a document drawn up in Form 25.

All of the situations just listed can serve as grounds for a minor to travel outside his home country, accompanied by one parent, if he has the original documents.

In order to avoid any kind of misunderstandings and to save oneself from problems associated with passing passport control, a person accompanying a minor child during a trip abroad should translate all significant documents into an international language (that is, English) in advance. All pages with translation must be certified by a notary.

Important Details

Consent for a child to travel abroad

Another problematic situation may arise due to the fact that a child has one surname, and his mother or father has another (for example, when the parents decided to divorce or were in a civil marriage).

In this situation, you cannot do without a minor’s birth certificate, which states that the parents of this child are specific people. If the family’s plans include visiting one of the European countries, it also wouldn’t hurt to translate this document into English and don’t forget to have it certified by a notary office.

Is it possible to take a child abroad if his father is against it?

Changing a child's surname after a divorce without the father's consent

People often ask how to take a child abroad if his parents are divorced.

A minor will be able to leave Russia without any special documents if he is not traveling alone.

If the father is against the trip (regardless of whether he divorces the child’s mother or not), but has not documented his ban, no problems will arise when leaving Russia.

Arriving on the territory of a foreign state is another matter, especially if restrictions are imposed on entry into it. Foreign tourists are checked with particular rigor by customs officers of countries belonging to the Schengen area. Visiting these territories requires that each arrival (including minors) have a tourist visa. The child will not be able to receive it without the written consent of the father.

Procedure for obtaining a permit

Father's rights to a child after divorce

A document allowing a child to be taken abroad does not have a statute of limitations. The child’s parent will be able to cancel their permission only after another document has been drawn up - prohibiting the child from traveling abroad.

Note! To formalize his consent, the parent (in this case, the father) must appear at a notary office located in any territory of the locality in which he is registered.

He must have with him the following documents:

• your passport;
• child's birth certificate.

The notary's assistant, guided by the information contained in the documents provided, will draw up the text of a statement of the father's consent for his child to visit countries, the list of which will be agreed upon separately and indicated here in the application.

Important! The list of states can be of any length. The main condition is that the name of the host country must appear here.

Having compiled the text of the application, the notary's assistant hands it over to the child's parent for verification. When viewing a document, first of all you need to pay attention to whether the information indicated there corresponds to the originals of the documents provided.

In particular, the following information is subject to verification:

• date of issue of the document;
• compliance of the client’s last name, first name, patronymic, as well as passport and registration data with the originals;
• consistency of similar information concerning the child;
• dates of travel, if the authorization is to apply only to specific trips;
• list of countries allowed to visit;
• availability of information confirming that the trip is not made for the purpose of adopting a child and the child’s long-term stay in the territory of these countries is not envisaged (if this is in fact the case).

After the verification is completed, the statement of claim is printed on a specialized form, and the document will be considered invalid without the client’s signature and the corresponding note made by the notary.

This service is paid: the recipient of the document will have to pay a state fee (charged for the fact that the document is certified) and a fee for carrying out technical work. As of 2018, the state duty is 100 rubles*.

The cost of drawing up the document itself is determined depending on what prices are set in a given notary office.

Is it possible to take a child abroad without the father’s permission or is his consent required?

Traveling abroad with a child or traveling independently requires special preparation. In addition to standard documents, you will also need a number of additional ones.

For example, you will need to obtain and notarize permission from your parents (or one of them). The law establishes situations in which a power of attorney is required.

For internal trips within the country, such a document is not issued.

What documents are needed for a child to travel abroad?

A child may leave the borders of the Russian Federation as part of an independent trip, to travel with one or both parents, or accompanied by third parties.

Taking a child abroad is accompanied by the preparation of a standard package of documents:

• baby’s personal foreign passport;
• birth certificate;
• in certain cases - written consent of the second parent.

A birth certificate is required to confirm the relationship with the parent who is taking the child abroad (more details in the article: is it necessary to take a child’s birth certificate when traveling abroad?). Especially if the mother and baby have different last names (for example, after a divorce, the woman returned her maiden name).

By law, the father's written consent may be required in certain situations. The rules for exit and entry into the Russian Federation, including for minors, are specified in Federal Law No. 114 (Article 20).

Features of taking children abroad

In accordance with the legislation of the Russian Federation, children can leave the country accompanied by their mother without the written consent of the father. However, there are exceptions to the rules, and sometimes the mother must take care of the issue of obtaining a notarized permission to remove the baby.

The departure of a child requires passing two checkpoints:

• Russian border service upon departure;
• passport control services when entering another state.

The rules of the Russian Federation apply to the removal of a child from the country, however, when entering another state, the requirements of the receiving party will apply. In this regard, in certain situations it is necessary to provide a large number of certificates.

In what cases is notarized permission from the second parent required?

The removal of children from the borders of the Russian Federation without the written permission of the second parent is impossible in the following cases:

• Previously, the father was against his baby leaving the country;
• the child travels to one of the Schengen countries.

if the father is negative about his child traveling abroad, the mother needs to go to court. If the claim is satisfied, the defendant will be required to give written permission for the child to leave.

When traveling to Schengen countries, a notarized power of attorney will be required at the visa application stage. During border control in the destination country, the document will also be needed, so it is recommended to make it in 2 copies: one for the visa department, the second for the border service.

when consent is not needed

If the baby’s father is calm about the mother’s desire to travel outside the Russian Federation with the child, his written consent will not be required (with the exception of a trip to the Schengen countries). To travel to countries that have a simplified visa regime for Russians, the consent of the second parent is not required.

In addition, written permission from the father to remove the child is not issued in the following situations:

• if the child has a dash in the “father” column on the birth certificate;
• if this column was filled in according to the mother at the birth of the baby (a special certificate from the registry office is provided for confirmation);
• the parent is in prison;
• death of the second parent;
• deprivation of father's parental rights;
• the father is missing or is wanted.

how to get a permit correctly

You can obtain a power of attorney for a child to travel abroad at any notary office. To do this, you need to provide the notary with the following documents:

• ID card of the parent who is executing the power of attorney;
• passport (or copy) of the accompanying person;
• child's foreign passport;
• baby's birth document.

Rules for drawing up a power of attorney and sample

Based on the documents received, the notary draws up an exit permit on the office letterhead and according to the established template. The power of attorney must be certified. Without certification by a notary, the document will not have legal force, and the border service will not accept it.

The power of attorney contains the following basic information:

• data from the birth certificate;
• passport details of the child and the accompanying citizen;
• information about the country of destination;
• date of travel;
• signature of the parent who gives consent.

Validity

The law does not establish the exact duration of the power of attorney. Due to the indication of the duration of the trip, the border services are guided by this data - that is, the power of attorney is valid for the entire duration of the trip.

If trips are made regularly, you can issue a special document with a long validity period. However, it cannot be issued for a trip to the Schengen Union countries.

Can a father impose a ban on the removal of a child?

If the father does not agree with taking the child abroad, he can impose a ban. In order to obtain it, you must submit an application to the Federal Migration Service.

At the same time, the citizen is not obliged to inform the child’s mother about his decision, just like the migration service.

If there is a certain conflict between parents, including over children, you should contact the Federal Migration Service in advance to find out whether a ban has been imposed on the child’s departure.

In cases where the mother does not agree with the ban imposed, she can file a claim in court and challenge it. As a rule, the trial of this case takes a long time.

If the court satisfies the claim, a court decision will be made that will allow the child to be taken abroad once.

If you travel frequently, you will have to file a lawsuit demanding that the father be deprived of parental rights.