Фото: CHILDREN’S DEPARTURE ACROSS THE BORDER DURING MARITAL STATE

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CHILDREN’S DEPARTURE ACROSS THE BORDER DURING MARITAL STATE

Reading time: 4 min.

Changes in the legislation during the martial law affected, including, crossing the border by a child. Therefore, it is worth getting to know in more detail which legal norms remain relevant at this time, and which have undergone transformations.

When you can cross the border on your own

If a child is 16 years old, he can cross the border according to the same rules as an adult. This means that neither a permit nor an escort is required. Therefore, such a departure can take place both with the participation of the child's parents and independently. By the way, such a rule applies not only during martial law. It is also relevant in the normal period. If we talk about what has changed, these are the documents with which you can cross the border. If in peacetime the presence of a foreign passport is mandatory, then in wartime a birth certificate may be sufficient.

What has changed regarding parental consent

Now let's touch on the issue of children traveling accompanied by one of their parents or other relatives and under 16 years of age. In peacetime, the rule applies when the consent of the second parent is mandatory. However, during martial law, such consent is not necessary. The legislator provided for this so that family troubles and the inability of adults to understand each other would not prevent the child from being transported to a safe place. Moreover, a child can leave not only with one parent, but also with a grandmother, grandfather, stepfather, stepmother, adult brother or sister. The key is that at the time of crossing the border, the adult should have a document certifying the existence of family ties.

ВИЇЗД ЗА КОРДОН ДИТИНИ ПІД ЧАС ВОЄННОГО СТАНУ

Can a minor leave with a stranger?

Legislators developed this issue so that no abuse would occur and no one could steal a child. You can cross the border with a minor only when there is a written statement from one of the parents, certified by the guardianship authority. Indeed, sometimes in people's lives there are situations when it is necessary to make a choice in favor of such an option. For example, parents are involved in a critical infrastructure enterprise and cannot evacuate, but want the child to be in a safer place and evacuate with family acquaintances. It is in such a situation that such a solution can be optimal.

Pasting the child's photo in the parents' passport

On March 1 of last year, a legal norm entered into force, according to which the term of a Ukrainian citizen's passport for traveling abroad can be extended for 5 years. Children's photo cards can be affixed to the passports of parents and other legal representatives of children, which serves as confirmation of their citizenship. In order to do this, you need to come to the territorial division of the Ministry of Internal Affairs or to the embassy or consular institution of our country abroad. As for the documents, you need:

  • the passport itself, in which the child's photo card will be pasted;
  • a child's birth certificate (if there is none, it can be an extract from the State Register of Civil Status Acts);
  • 2 photos of 3.5 x 4.5 cm that meet the requirements that can be found on the website of the DMS or specified by a lawyer during the consultation;
  • a document certifying the authority of a person as a legal representative of a child.

Also, in addition to these documents, an application filled out on a special form is submitted.

How can the help of a lawyer be useful

In addition to the general rules for crossing the border, it is important to know some other nuances that may be relevant specifically in your situation. It should also be borne in mind that the rules for crossing the border change periodically, so lawyers who work in this area monitor all relevant updates. Specialists convey them to their clients and know the practical level of application of legal norms in specific circumstances. This helps to avoid trouble at the border, when it seems that there is no problem, but leaving becomes difficult.

Therefore, legal assistance in such matters can be provided in the following format:

  • a consultation that will help you get the necessary information specifically in view of your situation and free you from the need to independently search for the necessary legal regulations, understanding their changes;
  • legal support in interaction with authorized state bodies, which simplifies the process and helps not to spend a lot of time on bureaucratic aspects.

Apply! The company "Prykhodko and Partners" employs specialists who will help you.

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Head of family law practice

Expert in the field of family, civil, labor law, intellectual property law.

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