Child travelling abroad: When is the consent of the second parent for travelling abroad required?
There is a stereotype that when spouses get divorced further it would be definitely necessary to make official notarial consent of the second parent in order to go with the child outside of Ukraine with one of the parents.
This rule is indeed used for most, but has its exceptions.
Today we will talk about cases when it is possible to go abroad without the consent of the second parent and what is needed for this.
Related article: Our lawyers gave the Client legal advice on the dissolution of the marriage and child support payments
Innovations in the legislation on the child traveling abroad without the consent of the second parent
Since August 2018 there have been changes in the legislation, which show us the following exceptions.
Now, the mother or father with whom the child resides permanently has the right, without obtaining the notarial consent of the other parent, to travel abroad for 1 month with the child if:
- there are documents confirming the child’s place of residence with this particular person (such documents can be obtained from the children’s services or the court);
- There is clear evidence of the purpose of this exit. For example, treatment, education, participation in a competition, etc.
Important! If you are well aware of the place of residence and location of the other parent, and he/she has no outstanding child support debt, you must definitely notify him/her of an impending departure with the child abroad. This is done by sending a registered letter, where the purpose, time and country the child is going to, must be indicated.
Traveling abroad with a child without a notarial consent, possibly for more than 1 month, given the following conditions are met:
- if there is an outstanding child support debt, where child support has not been provided for more than 4 months, or if child support has not been paid for 3 months, provided that the child is seriously ill. In this case, you need to confirm the disease with a medical certificate, and the outstanding child support debt must be proven by a certificate of the executive service of the Ministry of Justice;
- if there is a decision of the court or the children’s services that the minor is given consent to leave Ukraine without the consent and presence of the other of the two parents.
There are situations when the father or mother, with whom the child is not living together, wants to go abroad with him/her. In this case, he/she can leave with the child for an unlimited period if:
- there is no outstanding child support debt;
- he has received a notarized consent from the parent with whom the child is living together.
In order to obtain such consent, you must write to the spouse, with whom the child is living together. The person with whom the child is living together has 10 days to give his/her consent. If the parent does not give his/her consent, the other parent files a lawsuit in court.
Such consent must be obtained every time when plans are in place to travel abroad with a child.
In court, the case is considered in the order of reduced production, and this is no more than two months from the day when the proceedings were opened.
Remember! If one of the parents does not want to give his/her consent for the child to leave the country - you can go to court for a one-time permit! Our lawyers can help you with this.
As a showcase of obtaining a permit through the courts, we can refer you to the recent case No. 537/3467/19, when, in September this year, the Kremenchuk city court ruled to let the child leave the country because the father refused to give his consent willingly.
The child was living together with his mother, who wanted to temporarily go to another country in order to improve the health of the child. The court decided to grant temporary permission for the period necessary for the treatment of the child.
Important! If the spouses are legally married, the notarial consent of the second parent is also required.
What else do you need to know to organize the child's departure abroad without the permission of the second parent?
How to get a certificate on the outstanding child support debt for a child to travel abroad?
First, you need to contact the executive office or a private executor, writing a statement on the issuance of a certificate on the outstanding child support debt of the other parent.
The state executive service or private executor issues this certificate within three business days.
This certificate can be used within one month from the date of its issue.
What is the Office Of Children's And Family Services?
These are district state administrations, executive service bodies, city, village councils of the united territorial community.
How to prove to the court your legitimate intentions to leave the country with a minor child?
In order to prove your requirements in the courtroom, you must provide the following information:
- A marriage certificate and a certificate of divorce;
- A birth certificate of a child;
- arguments in favor of the need for the child to leave the country for education, treatment or otherwise;
- A certificate of income;
- A confirmation of the appeal to the defendant earlier with the requirement to provide consent - this can be correspondence in various instant messengers with a request to come to the notary to sign the consent.
The court may, on its own initiative or at the request of the party (by submitting an application), involve the office of the children’s and family services in the consideration of the case.
If you run into difficulties in the process of traveling with a child abroad - get in touch with our specialists!
We are ready to help you!
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