Permission for a child to travel abroad: new law if divorced

Russian legislation establishes quite simple requirements for citizens who want to see the world. They only need to collect a minimum of documents.

But things are a little more complicated with the departure of citizens under the age of majority, especially if they leave the country on their own or with grandparents, teachers or coaches.

In what situations do you need permission for a child to travel abroad, and when can you go to a foreign country without permission? How to get it and process it correctly to avoid unnecessary problems?

Which countries require consent?

First of all, Russians will have to study the procedure for minor citizens of the Russian Federation traveling abroad. And it is relatively simple. Because the law allows a full family with children to travel without collecting special permits and certificates. Moreover, it does not matter whether the whole family has planned a vacation, or whether the child is traveling only with his mother/father.

If a parent has parental rights, then he has the right to take his child abroad without enlisting the support of his significant other. Moreover, the Federal Law of August 15, 1996 No.

“On the procedure for leaving the Russian Federation and entering the Russian Federation” No. 114-FZ on the departure of minors from the Russian Federation leaves the same conditions even if a divorce has taken place. The only requirement is that you have parental rights.

If the adult has not been deprived of them, you can safely go abroad - Russian border guards will not create obstacles.

However, when deciding which country to travel to, or where to leave Russia to live, it is important to remember that direction is key. Since many states are not ready to accept even tourists with children, if the latter do not have permits.

For example, consent from the second parent will be required when applying for a visa to visit EU/Schengen countries. Australia and the USA, New Zealand and Japan, Singapore and Malaysia also put forward such demands. Permission in the form of a power of attorney may be needed because in these states they want to be sure that the child is being taken legally and not kidnapped.

Which ones - optional

However, a parent can go to many places on the planet with their child without obtaining consent for the child to travel abroad from the second spouse. For example, it will not be difficult to relax in Turkey or Egypt. They ask permission only if children travel accompanied by third parties.

There are usually no problems visiting neighboring countries. Without consent from the other half, the parent has the right to take the child abroad in the direction of countries such as Azerbaijan and Armenia, Georgia and Kyrgyzstan, Turkmenistan and Tajikistan.

Naturally, in any case, when traveling with children, you will need proof of relationship to travel abroad. It is understood that it is enough to present the relevant documents. A birth certificate is taken for the child.

It should be added that sometimes airlines make their own demands. To prevent child abduction, they may ask for permission or consent, even if the minor is traveling with one of the parents. So such nuances should be known in advance. And to avoid problems, it’s easier to immediately apply for permission even when planning to travel abroad with your child.

Consent for a child to travel abroad: Video

Design rules

It is important to know that documented consent is drawn up in accordance with certain rules. There is a specific model that will be valid both in Russia and abroad.

However, it is often necessary to translate the notarized consent for a child to travel abroad into foreign languages.

And this is a completely logical requirement: the customs services of other states will then be able to familiarize themselves with the document.

Sample permit

When issuing a permit to take a child abroad in accordance with the requirements of the law, parents turn to a notary. This specialist knows what such a document is. So you don’t have to worry that some important points will be missed.

But it’s still worth studying a sample power of attorney for taking a child abroad (available on this page of the website). After all, even professionals sometimes make mistakes. After obtaining the permit, it is important to check whether the consent includes all the information that is necessary to be able to freely leave the Russian Federation:

• full name of the adult who agrees to release the minor to another country;
• numbers and series of documents of all interested parties (passports, birth certificates);
• a list of countries that the child will visit;
• departure date and validity period of the power of attorney.

It is important to know that states must be indicated in the permit in the same way as is customary at the international level. At the same time, you cannot limit yourself to the wording “EU countries” or “CIS states”: you need to indicate the specific names of the powers.

For how long is it issued?

Russian legislation clearly states that notarial consent is issued for a specific period. For example, the most widespread option is that it indicates clear dates on which the trip is planned. You can slightly expand the time limits in case an unforeseen situation arises if you have to shift your trip a little.

It is also permissible to indicate a period that is predetermined by a specific event. For example, the consent states that it is valid until the date when the visa expires. Or it is possible to issue a power of attorney before reaching adulthood. That is, this is an inevitable event to which the period of validity of the document can actually be tied.

Many parents are concerned about the question of whether it is possible to obtain an indefinite permit for their child to travel abroad. Most often it comes to mind when the relationship between mom and dad is tense. Alas, the legislation does not allow such a possibility. The only option is to try to deprive the second adult of parental rights.

Price

For many parents, financial issues are important. Travel fees force you to plan your trip and draw up an “estimate” of expected expenses.

However, it is impossible to name the exact cost of a power of attorney for a child to travel abroad. Prices can vary significantly even within the same city.

Not to mention the fact that notary offices set their own prices for the services provided.

Crossing the border with two parents

The easiest way is to go on a trip with the whole family. Since in this case there are no special requirements from Russian customs officers, just as there should be no problems when crossing the border of another state. It is enough to have documents for adults and children so that you can verify the relationship between them.

At the same time, it is important to find out in more detail what papers will be needed so that a child under 18 can cross the border without incident.

You can travel to a number of countries if a small family member is included in the parent’s passport, but only if he is under 14.

At the same time, Russian legislation requires that the document of one of them must contain a photograph of the minor.

However, a child will not be allowed into certain states if he does not have his own passport. You can enter some with a birth certificate (Abkhazia and Belarus, Kazakhstan and Moldova). From the age of 14 you can no longer do without a child’s passport. But it makes sense to register it earlier, when the parents expect to send the child with other persons (accompanying persons) abroad.

We can summarize what is best to find out in a specific situation, what documents are needed. This will help you avoid trouble. Moreover, it is as simple as checking your debts before going abroad. If the trip is organized by a travel agency, it will provide clear information about the requirements for vacationers, including information about the mandatory package of documents.

With one of the parents

If only a mother or one father and a child go on a trip, it is necessary to approach the collection of documents with greater responsibility. It is especially important to study the requirements of the country where you are planning a visit. According to Russian legislation, a power of attorney for a child to travel abroad is optional.

However, this is the case if the second parent has not previously officially declared that he prohibits his minor offspring from going to another country with another adult (mom or dad).

If disagreement is stated, the border service is notified about it, and it will not allow travel abroad without verifying that permission has been received.

In other situations, an adult will only need to check whether he is traveling abroad or not. Russian border guards will not prevent people from leaving the Russian Federation. By the way, you can even find out about disagreement from the second parent via the Internet.

To do this, it is enough to submit an official request through the website of the border service or the Main Migration Department of the Ministry of Internal Affairs. As for the requirements of another state, it is often not enough to simply formalize the consent of the spouse for the child to travel abroad.

It still needs to be translated into a foreign language, and sometimes an apostille must be placed on the document.

Independent departure

Russian legislation does not prohibit the travel of a minor child abroad without parents. However, in this case, you cannot do without completing additional documents. But it is important to know that according to Russian law, children can only drive on their own from the age of 12. If they are sent on an unaccompanied trip between the ages of 2 and 12, someone must be responsible for them.

In such a situation, each parent must agree to the child’s independent travel abroad. But at the same time, for example, the air carrier will be responsible for the children (when we are talking about the age range of 2-12 years). However, companies most often refuse to take on board very tiny passengers (up to 5 years old) if there are no adults with them.

With third parties

A much more common situation is when children travel to another country with strangers. In this case, a special document is drawn up - a notarized power of attorney for the child (for the grandmother, coach, teacher or other person who will accompany him). This means that responsibility for the minor lies with a third party.

Such a document is not a mere formality. It confirms the fact that in fact the parents recognize the legality of representing the interests of the child in another state in the person of such a person. He is fully responsible for the life and health of minors who travel abroad in his accompaniment.

How is travel abroad with a supervised child processed? Russian legislation assumes that guardians are the legal representatives of children. So they must have documents proving such authority. You can go to another country with them.

Documentation package for departure

To successfully travel, you will need other documents for your child to travel abroad. What documents are needed will have to be clarified for each specific situation. The destination, the purpose of traveling to foreign lands, and other nuances also play a role.

When traveling abroad, people do not always ask for a birth certificate. But you should have it with you, especially when the child and his parent do not have the same personal data (different last names). It is also worth remembering that in some countries they check it upon entry.

What documents are needed to travel abroad must be found out individually. Most often, the list is approximately the same as for an adult. Most likely, you will need a health insurance policy, and to travel to countries with a visa regime, you will need to apply for a visa. Sometimes certificates from a school or children's clinic are needed.

Read also: Large families: age of children and number of children in Russia

If father or mother disagree

Unfortunately, sometimes children become hostages of bad relationships between adults.

Is it possible to take a child abroad without the permission of the father or mother? Formally, this is real, because Russian border guards will only prevent departure if there is official disagreement.

When a spouse refuses to sign a permission slip for a child, there will be no problem. But without it you won’t be able to get a visa or go to a place where a power of attorney from the other parent is required.

True, sometimes there is a way out of such a difficult situation. But action will have to be taken through the courts. One option is to try to deprive the adult of parental rights. An alternative is to ask the court to oblige the parent to sign all necessary authorization documents.

Any parent can draw up a statement prohibiting the child from traveling abroad. It is submitted to the local department of the Ministry of Internal Affairs. The agency, in turn, transmits the data to the border service.

Is it possible to lift the restriction on a child traveling abroad? You will have to achieve it using one of two methods.

The first of them is negotiations with a parent who expresses disagreement and does not sign permission for the child to leave. If they are infertile, then you can try to act through the court.

However, you should immediately understand that such processes are far from simple and painless for the parties.

In order for the court to approve the annulment of the ban, it is important to thoroughly prepare for the proceedings. It is necessary to clearly state why, for what purpose and where exactly the child is going.

It is important to justify how the minor’s rights will be limited if the travel ban remains in force. And at the same time, it is necessary to take into account that the court will pay attention to whether the interests of the children are harmed.

For example, during the school year, he may prohibit travel so that the child can gain knowledge and develop on an equal basis with his peers.

Source: https://lenovoz.ru/migraciya/razreshenie-na-vyezd-rebenka

How to take a child abroad if the parents are divorced in 2020

Home » Divorce » Taking a child abroad without the father’s permission during a divorce

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Divorced parents have equal rights to participate in the life and upbringing of their children.

The desire of one of them to take the child abroad on vacation, to meet with relatives, or to gain foreign language skills is an understandable and laudable intention.

The trip involves a number of questions: for how long can children be taken abroad, and whether permission from the other parent will be required for this.

If the parents are divorced, do you need permission to take the child abroad?

All answers regarding the rights, responsibilities and duties of parents in relation to the child are laid down in legal acts. Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” dated July 12, 2011 states that a child under 18 years of age has the right to leave Russia with the following persons:

• with one of the parents;
• guardian;
• trustee.

If there is an accompanying person, the consent of the second parent or guardian is not required. Divorce will in no way affect the intention of the mother or father to ensure that the minor remains in another country.

If the trip does not involve parental accompaniment, then written consent is required. The document must indicate the length of stay in another state and the list of countries indicated in the child’s itinerary.

The laws of the Russian Federation do not provide for the mandatory execution of an agreement, but it may be required in the country where the trip is planned. When preparing for the trip, it is necessary to find out the need to obtain the consent of the second parent for export.

For example, in most countries that have signed the Schengen Agreement, the consent of the second or both parents will be required. In France, they will ask for documents regarding the consent of the accompanying person and the second parent.

Conclusion: the consent of the father of a minor is not required if he crosses the border of the Russian Federation with one of the divorced parents, an official guardian or trustee.

But if the host country requires consent to obtain a visa, you should take care of obtaining a notarized permit in advance.

How to take a child abroad if the parents are divorced

To take children outside of Russia, a number of documents must be prepared. In some cases, even notarized copies are not accepted. If the originals are lost, a request for duplicates should be made.

Departure of a child and mother from Russia

When a divorced mother takes a minor out of the Russian Federation, she will need:

1. A visa, if required to enter a foreign country.
2. International passport of a minor. Young children must be included in the passport of the parent with whom they are leaving the country.
3. Father's permission to travel if required by the host country. It must be drawn up in accordance with established rules and certified by a notary.
4. Child's birth certificate to confirm the relationship with the mother.

If you need to apply for a visa, you will additionally need the following documents:

• a form signed by each parent;
• certificate of divorce;
• photo of the child;
• health insurance;
• if the child is over 12 years old, fingerprints are provided;
• certificate from the place of study;
• invitation from the host country; travel voucher;
• other documents, the list of which is determined by the legislation of the receiving country.

When visiting a country on a tourist package, the child’s bank account must have a certain amount of money, which is determined in each state as necessary for a 1-day stay, depending on the price level, multiplied by the number of days of the visit. A certificate confirming the availability of the amount on the card is submitted to the consulate, and its validity period should not exceed 30 days.

The father's consent, which is required in many EU countries, must meet the following requirements:

1. Notarization. The information is written on the form of the notary's office. An apostille is used to prove authenticity.
2. Availability of translation. The agreement must be translated into English, as well as the language of the country where the mother and the minor are going.
3. Clear deadlines. The agreement must specify the number of days of absence from the Russian Federation.

Apostille is a stamp that legalizes documents for subsequent transfer to a representative office of another country

The document indicates the passport details of both parents and the birth certificate of the minor, the place of registration of each of them; if it is planned to transfer the child to a third party, complete information about him/her must be indicated.

Something to remember! The consent has a validity period, since it is issued for the period specified in the document.

In some cases, the father’s permission to leave is replaced by another document or signed by other persons. Read more about the nuances of registration in the absence of a second parent:

1. If the father is in prison, and the mother decides to take the children to another country, the document can be certified by the head of the relevant correctional institution (clause 2, clause 3, article 185.1 of the Civil Code of the Russian Federation).
2. In the event of the death of the ex-husband, the wife must provide a certificate of his death upon entering the host country.
3. If the location of the ex-husband is unknown, it is necessary to provide a court decision declaring him missing. The absence of a court decision can be replaced by a certificate from the police department about the conduct of relevant search work.
4. The court's recognition of the ex-husband as incompetent gives the wife the right not to ask him for permission to remove the children and to act at her own discretion, but this fact must be confirmed by a court decision. If the father of a minor has limited legal capacity, the right to participate in the life of the descendant is fully reserved to him.

• Even if the law of another country does not require the consent of the spouse, the removal of children can be significantly difficult if the father has issued a ban on their departure.
• The father of a minor has the right, in secret from everyone, to formalize a ban on the departure of children at the Federal Migration Service, border control agency, diplomatic mission, or consulate.
• To make sure whether your ex-spouse has issued a ban, you must go to the website of the Border Service of the FSB of Russia by filling out a special form.
• The wife, who learned about the ban, retains the right to appeal the application in court, acting on the basis of Law No. 114-FZ. To do this, a statement of claim is filed on the parent’s obligation not to interfere with travel outside the Russian Federation, drawn up according to the model:

Download the claim to appeal the travel ban

It is necessary to indicate personal data, provide information about who the minor lives with, express the main complaints against the defendant and requirements to the court.

Trial

The judge accepts or rejects the claim within 5 days after its filing.

In accordance with Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of the case is no more than 2 months from the date of filing the claim.

It is recommended to check information about the father’s travel ban no later than 2.5-3 months before the planned trip. If the problem is identified in a timely manner, the extra time will allow the issue to be resolved in court.

1. To convince the judge of the illegality of the ex-spouse’s actions, information must be provided that there are no grounds for preventing the removal of a minor, and the ban is related to the abuse of parental rights, actions not in the interests of the child.
2. It should also be noted what benefits a trip can bring: broadening one’s horizons, positive emotions, recovery, the joy of communicating with loved ones; further mention the negative consequences that a ban may entail.
3. The defendant, in turn, can use as an argument in his favor information about the dangerous political situation in the host country, about the threat to the health and life of children during the trip.
4. If the ex-wife plans to take the child away for a long time or change his place of residence, she may indicate the father’s lack of interest in the child, his failure to fulfill parental responsibilities, and evasion of child support payments.
5. Consistent and clear presentation of arguments, devoid of personal ambitions, will allow the judge to make a decision that is in the best interests of the child.

If the father is deprived of parental rights

When parental rights are deprived, the father legally loses the ability to influence the children and make vital decisions for them.

The child, in turn, does not lose the right to receive financial resources from the parent or take possession of part of his property after the opening of the father’s inheritance.

If deprivation of parental rights is the only way to avoid obtaining consent to leave, it should be resorted to only in extreme cases and in the presence of compelling reasons set out in Art. 69 RF IC:

• when evading or abusing parental responsibilities;
• in case of cruel treatment of a minor, psychological or physical violence committed against him;
• in the presence of diseases that are incompatible with the ability to raise children: alcoholism, drug addiction;
• when committing criminal acts against another parent or child.

If the father is deprived of parental rights, the mother provides the appropriate court decision.

Unauthorized removal of children without the consent of the father

Desperate to obtain the father's consent, a woman may decide to commit a criminal act and secretly remove the child.

What happens next? Russia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction of October 25, 1980.

The document introduced the concept of “country of permanent residence of the child.” If this is Russia, then if children are illegally transported to a country that has signed the Convention, they will be returned back to the Russian Federation.

Is the father's consent required to take a minor out of the country? Yes, it is necessary, but only if required by the legislation of the host country. To cross Russian customs, special permission from the ex-spouse is not required, but there is a nuance: the father has the right to prohibit departure, and then the issue will have to be resolved in court.

A lawyer from the website ros-nasledstvo.ru will tell you how to file a claim and select evidence for the need to leave.

Read also: Low-income single mother: payments, benefits and benefits

You should find out if there is a ban in advance, since if you receive information suddenly, the trip will have to be postponed for 2-3 months until the trial is completed.

The best solution to the problem is to discuss all controversial issues at the divorce stage by including a clause on the possible removal of the child in the settlement agreement regarding children.

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Source: https://ros-nasledstvo.ru/vyvoz-rebenka-za-granitsu-bez-razresheniya-ottsa-pri-razvode/

How to prohibit travel and when to formalize consent

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.

The child's legal representative may prohibit him from traveling abroad. Parents, guardians and adoptive parents have this right. Divorce or marriage does not matter: if an adult has parental rights, he can impose a ban and the child will not be released from the country.

For example, there is a boy Vanya. His parents are divorced and have quarreled. Mom and Vanya were going on vacation to Turkey, and dad wrote a document saying that he was against it and did not allow Vanya to be taken abroad. Mom can go alone, but Vanya won’t pass border control - he won’t fly to Turkey, because dad is against it.

The ban on traveling abroad is formalized in a separate document at the departmental level. If Vanya’s dad simply tells his mom: “I don’t want my son to fly abroad,” they may not listen to him. Border guards need an official ban - verbal or unregistered does not count.

Previously, the ban was set by the government. But that ruling is no longer in effect. Follow the order of the Ministry of Internal Affairs.

To prohibit a child from leaving the country, you need to fill out a statement of disagreement to leave - that’s what the document is officially called.

Previously, he was submitted to the FSB border service. From June 12, the application must be submitted to the migration department of the Ministry of Internal Affairs. Border guards no longer accept documents. Abroad, the ban must be issued through the consulate.

The application must be submitted in person along with the following documents:

• passport of the person who prohibits the child’s departure;
• child’s birth certificate or a notarized copy;
• confirmation that the child is a citizen of the Russian Federation.

You can indicate the details of the second parent in your application. The original documents will be checked and returned. Copies will not be returned.

An application from a parent who is against the child’s travel abroad is registered and entered into the general database. All data is transferred to the border service. When passing border control, all prohibitions will be visible: for children - from their parents, for parents - from the bailiffs.

The ban can be revoked by the person who imposed it. Then the other parent does not need to do anything.

If the ban is not voluntarily revoked, there is only one option - to go to court. When registering a ban, the Ministry of Internal Affairs warns that the second parent will have to challenge it in court. That is, a father who prohibits his son from traveling abroad understands for sure that his mother will have to go to court. There are no other options to challenge the ban in the law.

The claim must be filed against the person who prohibited departure. It is useless to sue the airport or border guards. Some mothers do this, but they are just wasting their time. These are improper defendants: the other parent should be sued, not departments and organizations.

Here are some examples from judicial practice.

The father prohibited the child from leaving because of a dispute with his mother. Mom argued with the border guards and the airport: “Yes, we have already decided everything, let us go abroad.” I had to go to court, but it didn’t help: the ban was not lifted.

The mother planned to take the child to India - this is what the pediatrician advised for his health. And then they were going to Canada, where my mother was supposed to have a wedding. But the father forbade the child to leave Russia.

Mom went to court: thanks to the certificate, the boy was allowed to go to India for six months. But they didn’t let him go to Canada: there was no exact wedding date and too long an absence deprived the father of the right to raise him.

You must make a written request in advance to the migration registration unit of the Ministry of Internal Affairs. In the request, you need to indicate the child’s details, because it is he who is prohibited from leaving.

Such a request should be made shortly before the trip, so as not to be left without a vacation, because a ban can be issued at any time. A month ago it wasn’t there yet, but a week before departure it’s already there. Applications are registered quickly - within a few days. It will take several months to lift the ban through the courts.

If the application included the details of the second parent, according to the new procedure they will be sent notifications by mail: “Your child is prohibited from traveling abroad.” But the data might not be provided, or the letter might not arrive, or it might not be received. In general, check it yourself.

No electronic services have yet been invented to check the ban.

Even if a parent once gave notarized consent to leave, he may later impose a ban. And then consent will not work - the child will not be released.

If you once agreed during the divorce that there would be no problems with leaving, and even got everything done with a notary, this does not mean that there won’t be an unpleasant surprise at the airport. The ban may be imposed years later.

Consent and prohibition are two different documents. The ban is issued through a department of the Ministry of Internal Affairs, and consent is issued by a notary.

Consent from one of the parents will be required only if the child is not traveling with his legal representative - for example, flying to Turkey with his grandmother or to Spain with a coach. Then mom or dad must issue a notarized consent.

Both parents do not have to agree - a document from one is enough. Provided that the second one did not prohibit it.

If a child goes abroad with one of the parents, there is no need to obtain consent from the other. If there is no travel ban, you can travel safely and not waste money on unnecessary documents.

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.

You'll have to travel around Russia. They definitely won’t be able to ban this. You can go with your child to Sochi, Karelia or Baikal. Here is the schedule for holidays in Russia:

Source: https://journal.tinkoff.ru/news/papa-zapretil/

Permission for a child to travel abroad if the parents are divorced 2019

Foreign travel is very popular among Russians. Of course, in most cases people prefer not to be separated from their families and travel together, but sometimes this is not possible.

Often children go abroad without any relatives at all - for example, as part of a sports team. Finally, ex-spouses may not want to travel together.

Let's find out whether permission is required for a child to travel abroad if the parents are divorced.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

In what cases does a child need permission to travel abroad?

According to statistics, not all families have the opportunity to go abroad on vacation together. In most cases, children are accompanied only by their mother or father, and sometimes by grandparents or other relatives.

To avoid problems when crossing the border, parents should know the rules for leaving their child abroad, which have changed several times in recent years.

An urgent question is whether permission is required for a child under 18 to travel abroad with one of the parents.

Many citizens are confused in legal subtleties and do not understand the reasons for the ban on crossing the border or refusal of a visa.

According to the laws of the Russian Federation, if a child who is not yet 18 years old leaves the country with one of the parents, as well as adoptive parents, guardians and trustees, then consent for the child to travel abroad is not required from the second parent.

It should be taken into account that this provision is relevant only for leaving the Russian Federation, and not for entering another country.

Therefore, the issuance of consent for obtaining a visa is regulated by the laws of the country where it will be presented.

If a father or mother does not agree for their child to leave the country, then they have the right to file a statement of disagreement with their children leaving the Russian Federation. Then the question of the possibility of leaving will have to be resolved only in court.

To avoid problems and conflict situations, it is better to check in advance whether the second parent has issued a temporary ban on the child traveling abroad.

You can find out this information from the second parent in person or from the Federal Migration Service, which considers applications for disagreement with the departure of children under 18 years of age and maintains their centralized records.

If you are planning to travel abroad with a child who is under 18 years old, it is worth considering the existence of exceptions. When traveling to the countries of the Schengen Union and other states with an entry visa, consent for the child to travel abroad with one of the parents will have to be issued.

A power of attorney is needed not to go through passport control, but to obtain a visa for the child.

Details of obtaining a visa should be clarified at the consulate of the country where you are planning to travel. This is due to the fact that the rules are different and change quite quickly.

Many European countries require the consent of both parents if a minor is traveling unaccompanied with third parties. It is worth considering up to what age a permit is required.

If a child is going to travel completely unaccompanied by his parents, for example, with relatives, friends or as part of an organized group, then the consent of at least one of the parents is mandatory.

The document must be certified by a notary and contain the following information:. When entering data, you must adhere to all rules. Colloquial names, community names, and general language are not permitted. In addition, when obtaining consent to remove a child, it is necessary to take into account the requirements of the countries that the minor will visit.

Having received consent to leave, you should definitely pay attention to ensuring that your own data, the data of the second parent and the minor child are entered correctly. The period specified in the document must correspond to the child’s own will and interests.

This year, a pressing question is whether a child can travel without a passport if his data is included in the parents’ biometric passports.

But in the case when a child travels with his mother or father, in whom he is included in the old-style passport, he does not need his own separate identification document.

Many modern families fail to save their marriage, so the pressing question is whether the father’s consent is needed for the child to travel abroad with the mother or vice versa if the parents are divorced. According to the law, even if the marriage is dissolved, the parents retain equal rights to the child.

Therefore, if a child travels outside the state only with his mother or father, permission to take the child abroad from the second parent is not required. This also applies to guardians and trustees.

Read also: Benefit for caring for a disabled child in 2020: for working and non-working parents

But only on the condition that during the divorce process no restrictions were imposed on one of the parents regarding children.

And if one of the parents did not file a statement of disagreement with the departure of their children from the Russian Federation. In a situation where the child and the parent traveling abroad have different surnames, it is better to have with you a copy of the child’s birth document certified by a notary. There are several situations when you can do without consent and what documents are needed:

Thus, if the father does not give his permission for the child to leave Russia, then if you have at least one of the above documents, you can do without it.

It is important to take into account that the Federal Law provides for the possibility of banning a child from leaving Russia.

To do this, the second parent must contact the Federal Migration Service at the place of residence, the border control authority or the diplomatic mission of the Russian Federation and submit the following documents:.

In this case, the export ban will have to be lifted in court and consent will not solve the problem.

In order for your child to travel abroad, you should first familiarize yourself with what documents are needed for this:

Thus, in accordance with the legislation of the Russian Federation, which is in force this year, in the case when a child leaves the country accompanied only by the mother or only by the father, the consent of the second parent is not required.

Source: https://mangalhouse16.ru/ugolovnoe-pravo/razreshenie-na-viezd-rebenka-za-granitsu-esli-roditeli-v-razvode-2019.php

Permission for a child to travel abroad if the parents are divorced

The legislation does not impose restrictions on the departure of a child from the Russian Federation with one of the parents, regardless of marital status. However, their absence does not mean that during a divorce you can freely travel across the border with your children.

In many states, there is a requirement when a child enters with one of the parents to present a notarized permission from the father or mother.

Is it required

If a minor citizen travels outside the country with one of the parents, the consent of the second is not required.

The only important condition is to include information about the child in the foreign passport of the relative who accompanies the heir on the trip.

It makes no difference whether the mother and father are married or divorced. Legislatively, this aspect in 2020 is regulated by Law No. 114-FZ.

Another thing is that when entering a foreign country, permitting documentation may be required. It’s bad if this point becomes clear only while crossing the border.

Therefore, in order to avoid difficulties, it is better to clarify in advance whether permission is required when entering a particular country. The travel company where the tour is purchased will be able to answer this question.

In addition, you can clarify this information on the website of the embassy of the selected state.

In most resort visa-free countries, which are popular among residents of our country as summer holiday destinations, such documentation is not required.

A permit sheet is guaranteed to be needed when traveling to the Schengen Union states and other countries where a visa is required. Moreover, it will be required not only upon entry, but also at the stage of obtaining a visa.

The exception is when:

• father or mother died;
• deprived of parental rights;
• declared incompetent.

In these situations, permission is not required even when entering states where such paper is included in the list of mandatory documents.

However, the person accompanying the child on a trip abroad must provide appropriate documentation to confirm one of the above facts. For example, a death certificate.

If the second parent is alive, has not been deprived of parental rights and is capable, legal experts still recommend issuing a permission slip in order to avoid possible unpleasant consequences and not spoil the impressions of the trip.

If your ex-spouse disagrees

There are situations when a relative categorically does not agree to let the child go abroad with his ex-spouse. In this case, he must draw up a written statement of disagreement with leaving. The sheet must clearly justify the reasons for the ban.

The paper of disagreement is submitted to one of the authorities:

• Main Directorate for Migration Affairs of the Ministry of Internal Affairs (former body of the Federal Migration Service) at the place of registration;
• diplomatic mission of the Russian Federation in case of stay abroad;
• border control authority.

Along with it, the applicant's passport and a paper confirming his paternity must be provided.

After considering the ban, the authorized body may prohibit the heir from leaving the Russian Federation with his mother or father until he is 18 years old.

What to do if your other spouse disagrees

Quite often, one of the spouses files a document of disagreement regarding a minor without notifying the other party of this fact.

In this case, you can clarify information about the presence or absence of such documentation on the website of the FSB Border Service. You can leave a request in the “Web Reception” section.

If the mother or father finds out about the existence of a prohibition statement, they can act in one of the following ways:

Option Comment Peacefully negotiate with your ex-husband or ex-wife It is advisable to discuss this problem in person and ask the mother or father to withdraw their disagreement, as well as draw up a permit sheet Go to court This option is possible if peaceful negotiations do not lead to the desired result. In practice, most often the court grants the plaintiff’s request and allows the minor to travel abroad. A negative outcome of the case is possible if the other party provides truly significant arguments in favor of the ban

Video: Need to know

If a minor is traveling with his grandmother

A slightly different situation arises if a minor goes on a trip abroad without being accompanied by his mother or father. In this case, he must have certified consent from his parents.

In this case, it will be enough to have a permit from one person - from mom or dad, unless, of course, the second one did not prohibit the child from leaving.

Required Documentation

What documentation is needed for a child to travel when his mother and father divorce:

1. A foreign passport for a minor or an old-style foreign passport issued for an accompanying citizen, provided that a son or daughter is included there.
2. Birth document – ​​required when entering certain countries. It must be certified by a notary if the accompanying relative and the minor have different last names.
3. Consent from the mother or father when entering some countries, as well as in cases where the child is traveling with a grandmother or other relative.

Additional documentation includes:

1. Health insurance policy.
2. Visa. Required for visiting countries with visa requirements. It is a stamp in a foreign passport.
3. Tourist voucher or invitation from the host party.
4. Air or train tickets.

How to obtain permission for a child to travel abroad if the parents are divorced

The form must be written. The sheet must bear the signature of the compiler. In this case, the paper must be certified by a notary. It is issued on letterhead with a stamp.

As current practice shows, permission for a child to travel abroad if the parents are divorced is most often obtained by the mother.

The document can be drawn up once, and the expiration date is indicated on it. For example, many citizens draw up this sheet before the heir’s 18th birthday.

But some states require a new paper at each entry, because they are not satisfied with the option of a long-term permit.

The document must clearly indicate the country of visit. This demand is made by the border service. It is not allowed to indicate commonwealths and other associations of states, such as the European Union.

What information must be included in the document:

1. Full name of the father or mother who provides their consent.
2. Full name of the heir.
3. Full name of the accompanying citizen.
4. A line of agreement.

If the document was drawn up by a notary of another state in a foreign language, a translation must be attached to it. This sheet is also subject to certification, but at the consulate.

Notary services will cost the applicant a certain amount. As a rule, authorized persons ask for different payments for drawing up a document and its certification. Therefore, you can write the paper yourself, saving on this service.

As a rule, notaries charge 500-1000 rubles for document execution. Certification will cost slightly less - starting from 100 rubles. The exact amounts depend on the notary and the region in which the service is provided.

Sample

In order to understand what a permit document is, you can look at its sample.

A document drawn up by another notary may look different, the main thing is that it is drawn up in accordance with all requirements.

What documents are required to draw up a permission from a notary?

Before you go to the notary to draw up the paper, you will need to prepare the documents necessary for presentation:

• birth certificate of a minor;
• passport if the heir is over 14 years old;
• parental passports.

Going to court

In some cases, a situation with permission from dad or mom is impossible without going to court. To do this, the plaintiff (accompanying the minor) must correctly draw up a statement of claim. It is submitted at the place of registration of the defendant.

In the requirements, the plaintiff must indicate “to allow the departure of the son or daughter...” indicating a specific state and time of travel. Without providing this information, the court may reject the application.

The argument for the plaintiff to justify his own situation will be the trip in the interests of the heir.

The exact timing of the trial depends on the specific situation. On average, such cases are considered from 1 to 3 months. The reason for delaying the process may be the identification of circumstances requiring a break.

As practice shows, it is better to file a claim in court 2 months before the intended trip. If there is less time left, it is still recommended to send the claim: it is likely that no circumstances will be identified that will extend the consideration period.

If mom and dad are divorced, this is not a reason to refuse to travel together with your child. According to the current law, consent for the child’s departure from the former significant other is not required. Before your trip, it is enough to inquire about the rules for visiting a particular state and prepare your documents on time.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Source: https://101zakon.ru/rastorzhenie-braka/razvod-s-muzhem-esli-est-deti/razreshenie-na-vyezd-rebenka-za-granicu-esli-roditeli-v-razvode/