How to take a child abroad for a long time without the other parent’s permission?
In one of our previous publications we elaborated on the possibility to go abroad with a child without the other parent’s permission.
We provided insight into the cases when such permission is not required and learnt about the sufficient grounds to freely take a child abroad.
Today we will talk about the situation when there is a need to take a child abroad for a long time. What do to, if the other parent does not want to give his/her consent?
How to justify the need for taking a child abroad for more than 1 month?
There are actually two circumstances that may give you grounds to take your child abroad without waiting for the other parent’s permission.
Remember, in order to legally take your child abroad, even if you have one of the grounds, you shall confirm it by a document from the court or the state executive body.
1. Child support arrears in the amount exceeding the payments for 3 months.
If the other parent does not pay child support, you can freely obtain the document confirming the non-payment of child support from the executive body and cross the border with it.
In this case, after a child support court order enters into force, you should contact the enforcement service at the debtor’s place of residence or work, or at the location of his/her property.
You shall submit the following documents to the enforcement service:
- An application;
- An enforcement order.
On the basis of the submitted documents, the enforcement service opens the legal proceedings. The claimant may also personally send an enforcement order to the other parent’s place of work.
After opening the proceedings, the enforcement service issues a decree, which is sent to the debtor’s place of work or retirement pension office. The enforcement service recalculates the child support arrears and notifies both the claimant and the debtor of the amount.
When the amount of the arrears exceeds 3 months, the debtor is subject to penalties:
- The child support payer is registered in the Unified Register of Debtors;
- His/her immovable and movable property is arrested, seized and sold by the enforcement service.
The very decree of the enforcement service on the opening of enforcement proceedings is the document that will entitle you to take your child abroad.
But what to do if you are abroad and the debtor has paid off the debt? Do you need to return to the country or may you stay safely abroad?
You can secure yourself against such situation by a court order.
2. Travelling abroad for the child treatment.
In this case, you’ll need to go to court. Special attention should be paid to the preparation of the claim. You shall provide reasons for the need to take the child abroad.
Along with the claim, you shall also file a certificate from a healthcare facility to the court, confirming that the child really needs to get treatment or to improve his/her health abroad.
So, the full list of documents required for filing a claim with the court is as follows:
- A claim for taking a child abroad and annexes to it;
- The claimant’s internal passport, taxpayer identification number;
- A court order on the marriage dissolution;
- A copy of the child’s birth certificate;
- Proof of the trip usefulness.
Which court shall you file a claim for permission to take a child abroad?
The documents shall be filed to the court at the location of the defendant - the one who does not give voluntary consent for taking a child abroad.
If you do not know where the other parent lives - you shall file the documents to the court at the last known location or the place where the defendant’s property is located.
The court will consider your claim and in case of a positive decision, you will receive a one-time permission for taking the child abroad. In other words, you will be able to travel abroad once and to one specific country.
However, the court practice shows that if you plan to entry several countries, and you have sufficient grounds for this - you can obtain a court order or several court orders at once.
The law of Ukraine does not provide for the permission for taking the child abroad for an indefinite period of time under such circumstances. If you plan to make a large number of trips, you may:
- Obtain a court order for every trip;
- Initiate the termination of parental rights of the other parent who does not give voluntary consent to take the child abroad.
Do not waste your time - contact a lawyer for the qualified advice, who will professionally make up a claim for you and explain all possible options for the development of events.
What are the grounds to take a child abroad for permanent residence without the other parent’s permission?
There are a number of grounds to take a child to another country for permanent residence. For example:
- When one of the parents died;
- When one of the parents is deprived of parental rights;
- When one of the parents has been recognized to have limited or no legal capacity;
- When the other parent has been reported missing.
A permission for taking a child abroad for permanent residence shall also be obtained through court.
The application shall be accompanied by the following documents:
- A document confirming the death of a father or mother;
- A court decision on the termination of parental rights to a child;
- A document confirming the other parent’s limited capacity or incapacity;
- A document confirming that the other parent has been reported missing.
In all cases, except for the child support arrears, the final document to be presented at the checkpoint when going abroad is a court order.
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