Attorney
Specializes in civil and family law. Experience in civil service in the field of DRACS (State Registration of Civil Status Acts) helped to better master the subtleties of civil and family and inheritance law. Also researches the inheritance law systems of continental Europe and the USA (I write scientific articles to enter graduate school)
Obtaining a border crossing permit in EU countries for minor children
In wartime, this looks like a kind of legal collision for many: on the one hand, the state allowed the mother to leave with the child without the father’s notarized consent, and it seems that there are no further restrictions.
On the other hand, the simplifications introduced at the level of the Rules for Crossing the State Border and government acts for the period of martial law apply only to the very fact of leaving Ukraine.
The State Border Guard Service, acting within the framework of the Law of Ukraine on the Legal Regime of Martial Law, allows a mother and child to pass under a simplified procedure to ensure safety and prompt evacuation.
However, these military relaxations do not in any way cancel the Family Code of Ukraine, the Law of Ukraine “On Childhood Protection” and the Convention on the Rights of the Child.
Equality of parental rights, the obligation to jointly resolve essential issues of the child’s life, the principle of the best interests of the child – all this continues to operate even after the barrier at the border has already been raised. This is where the legal plane of relocation to the EU countries begins.
Temporary trip and relocation: two different stories
It is worth clearly distinguishing between a temporary trip and a relocation.
A temporary trip is when:
- the child leaves for a limited period: vacation, camp, visit to relatives, treatment;
- the link to Ukraine remains: studying in a Ukrainian school or kindergarten;
- declarations of doctors, circles, social circles are kept;
- at the end of the trip, it is expected to return to the previous place of residence.
In this case, simplified wartime rules perform their function: they allow you to leave quickly and return just as unhindered. The legal status of the child does not change, and a possible conflict between the parents usually concerns the trip, and not the entire further fate of the child.
Relocation is a different situation.
It occurs when:
- the mother rents housing in an EU country and registers residence status;
- the child is enrolled in a local school, has his own schedule, classmates, teachers;
- contracts have been concluded with an insurance company, a family doctor has been chosen;
- further relocation within the EU is planned, for example from Poland to Portugal.
In this configuration, the center of the child’s life actually moves abroad, and the question “do I need the father’s permission” becomes no longer moral, but purely legal.
What norms apply after the border
When it comes to the child’s residence abroad, not only special military rules for crossing the border work, but first of all:
- the norms of the Family Code of Ukraine on the equality of parents’ rights, joint resolution of essential issues of the child’s life, determination of the place of his/her residence and the participation of the other parent in the upbringing;
- provisions of the Law of Ukraine “On Childhood Protection” regarding the priority of the best interests of the child, the obligation of parents to provide appropriate conditions for his/her development, education and health;
- the principles of the Convention on the Rights of the Child, in particular regarding the supremacy of the best interests and the need to take into account the opinion of the child who is able to express it.
The main thing follows from these acts: the long-term stay of the child abroad, the change of the country of residence, the choice of school, the language of instruction, the medical system are essential issues of his life.
In a normal situation, they should be resolved by parents together. In the event of a conflict, the last word belongs to the guardianship and guardianship authority or the court, and not to the border guard.
Parental consent or court decision: the right tools
As long as the departure is temporary, parents can agree verbally, and this is sometimes enough. If it is obvious that the family stays in the EU for a long time or plans further relocation within the Union, clear legal instruments are needed.
Voluntary consent of the father:
- drawn up in writing, notarized or through a consular office;
- with a clear indication of what exactly the parent agrees to: the child’s residence in a particular state, paperwork, education, possible further movement within the EU;
- with a prescribed procedure for communicating with the child: online contacts, visits, vacations.
A court decision when consent is not unreasonably given:
- if the parent does not sign any document related to the child’s life in the EU and does not offer constructive options, the lawyer prepares a lawsuit;
- the lawsuit, as a rule, combines the requirements to determine the child’s place of residence with the mother, to grant the mother the right to decide on the child’s essential issues (country of residence, school, treatment, insurance), as well as for permission for the child to leave Ukraine multiple times and live in the EU states until the age of majority.
Such a decision does not deprive the father of his status, but deprives him of the opportunity to block every step necessary for the normal life of the child abroad.
What the court is looking at: an algorithm for assessing the situation
In such cases, the court evaluates not the rhetoric of the parties, but the real life of the child.
Analyzed:
- where the child actually lives, for how long, in what conditions;
- whether he attends a school in the host country, what successes and characteristics he has;
- has friends, how integrated they are into the team, how they feel linguistically and psychologically;
- who accompanies her to doctors, to circles, who is responsible for daily life.
The behavior of the father who remained in Ukraine is separately assessed:
- whether he maintains regular contact with the child;
- whether it initiates video calls, meetings, joint recreation;
- whether he offers real forms of participation in education, or only submits formal objections and refuses any signatures.
A lawyer may recommend:
- Prepare written explanations of the child about where he wants to live and in which school to continue his studies;
- Initiate his/her questioning in court in an adapted format (without the joint presence of parents, with the participation of a psychologist or via videoconference, if the child is abroad);
- Involve the guardianship and guardianship authority to prepare a conclusion on the expediency of the child living with the mother abroad.
Such tools allow the court not to guess what is best for the child, but to see the full picture, taking into account his own position.
Court decision as a model of a child’s life abroad
If the court, after evaluating all the evidence, comes to the conclusion that the child’s residence with the mother abroad and, if necessary, further relocation within the EU are in his/her best interests, this is enshrined in the operative part of the decision.
From a practical point of view, this means that:
- the mother receives clearly defined powers to apply for and extend a residence permit, submit applications to the migration and educational authorities of another state;
- key decisions regarding education, treatment and life can be made without constant blocking by the parent;
- Foreign authorities and educational institutions see a document that is understandable to them – a decision of a Ukrainian court, which confirms the scope of the mother’s powers.
At the same time, the legal relationship between the child and the father is preserved
The solution can establish:
- the order of personal meetings and online communication;
- the possibility of the child’s arrival in Ukraine;
- spending part of the vacation with the father.
This ensures a balance between the child’s right to a stable and safe life and the right to maintain relations with both parents.
Why do you need a lawyer in such cases
Martial law has made crossing the border easier for children, but has not changed the fundamental structure: both parents are jointly responsible for the fate of the child, and key decisions about his life should be made taking into account his best interests.
If a mother and child stay in the EU for a long time or plan another relocation, they need not only tickets and a passport, but also a stable legal foundation.
The role of a lawyer in such situations is to:
- Correctly qualify the situation – where the temporary trip ends and relocation begins with all the legal consequences;
- Offer appropriate tools – from the father’s voluntary written consent to a comprehensive lawsuit to determine the child’s place of residence, granting the right to resolve essential issues alone and permission for multiple departures;
- Collect and submit evidence of the child’s life abroad in a structured manner, involve the guardianship and guardianship authority if necessary, ensure that the opinion of the child himself is taken into account;
- To achieve a solution that not only legalizes the already made departure, but creates a predictable and protected model of life outside Ukraine for the child.
In modern conditions, it is the combination of military migration concessions with a well-built family law position that makes it possible to protect the child, and not leave his life dependent on changes in the mood of adults.
Calculate the cost of services
1 question
Is the child under 14 years old?
2 question
Did you cross the border during martial law using a simplified procedure?
3 question
Do you plan for your child to live or study in an EU country for more than a few months?
You may also need:
Appeal against the decision of the Medical and social expert commission
Read more
THE TRANSFER OF LAND BY INHERITANCE
Read more
Appeal of inheritance contract
Read more
REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS
Read more
Establishing custody of the child
Read more
APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE
Read more
Legal assistance in establishing disability
Read more
Accompaniment of a lawyer in the children’s service
Read more
Division of foreign assets upon divorce
Read more
Provision of care for children with disabilities in Ukraine
Read more
Registration of a child born through reproductive medicine
Read more
Obtaining a MSEC certificate of disability
Read morecall back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram