Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS
The issue of a child traveling abroad with one of the parents has long been relevant in legal practice.
On the one hand, there is a desire to provide the child with rest, education, or treatment outside of Ukraine. On the other hand, there is a desire to protect the interests of both parents and the child, and to prevent illegal removal.
That is why Ukrainian legislation provides for a clear mechanism for obtaining permission for a child to travel abroad, which may be required from one of the parents.
In this article, we will explain when such consent is necessary, how to obtain it, and what to do if the other parent refuses.
When is the consent of one parent required?
According to the Rules for Crossing the State Border of Ukraine, a child has the right to leave Ukraine accompanied by:
- both parents — without any additional documents;
- one of the parents — in most cases, the consent of the other parent is required;
- another person (e.g., grandmother, coach, relative) – written notarized consent from both parents is required.
However, current legislation contains exceptions where the consent of the other parent is not required.
When is the consent of the other parent NOT required?
According to Part 5 of Article 157 of the Family Code of Ukraine (FCU), the father or mother with whom the child lives has the right to take the child out of Ukraine without the consent of the other parent, if the following conditions are met:
- The trip does not exceed one month.;
- There is a court or guardianship decision, which determines the place of residence of the child with this parent;
- The second parent is not on the international wanted list and does not have a court-imposed ban on the child’s departure.
In this case, it is enough to have with you:
- a copy of the court decision (or an extract from it) determining the place of residence of the child with one of the parents;
- certified copy (notarial or judicial).
If the trip is planned for more than 30 days, or if the parents live separately, but there is no court decision, the consent of the other parent is mandatory.
How to apply for permission for a child to travel abroad?
To avoid any legal misunderstandings when crossing the border, the consent must be properly formalized:
- Preparation of documents
The consenting parent must provide the notary with:
- Passport of a citizen of Ukraine or ID card;
- RNOKPPP;
- Child’s birth certificate;
- Child’s passport (foreign, if any);
- Information about the country of travel, purpose, duration and accompanying person.
- Appeal to a notary
The notary draws up a written consent for the child to travel abroad, stating:
- data of parents and child;
- the country (or countries) of destination;
- trip duration;
- an accompanying person (if the child is not traveling with his/her parents).
Such a document is certified by the signature and seal of a notary. One copy is for the border service.
What is the validity period of the permit?
The permit clearly states the period for which the child is allowed to leave.
This could be:
- one-time trip with exact dates;
- long-term permit, for example, for a period of study or treatment, but always with an end date.
A permit without an expiration date or destination country may be deemed invalid during border control.
What to do if the other parent does not give consent?
In the event of refusal or inaction of the other parent, the one with whom the child lives has the right to file a lawsuit with the court regarding:
- granting permission for a child to temporarily travel abroad without the consent of the other parent;
- removing obstacles in raising a child (if necessary).
Traveling a child abroad during martial law
During the period of martial law in Ukraine, the procedure for crossing the state border for minors was partially updated. For some categories of citizens, the procedure was simplified, but control by the border guard service became more meticulous.
That is why parents should familiarize themselves with the current rules in advance to avoid unpleasant misunderstandings at the border.
What has changed?
- Children under 16 have the right to cross the border accompanied by one of their parents or a close relative — a grandmother, grandfather, full brother or sister, stepmother or stepfather. In this case, the notarized consent of the other parent is not required. A mandatory condition is the availability of documents confirming the family relationship — for example, a birth certificate or marriage certificate.
- If the child is accompanied by an indirect relative or a third party, a written consent from one of the parents is required, which can be certified either by a notary or by the children’s services. Both documents are equally valid when crossing the border.
- After reaching the age of 16, a child can travel independently., without the need for parental consent — even during martial law. The main thing is to have a valid passport or other travel document.
Thus, during martial law, the state provides a more flexible mechanism for the departure of minors, but requires strict compliance with formalities and documentary confirmation of the legality of the trip.
To avoid risks, it is worth preparing the necessary documents in advance or seek legal advice. The law firm “Prikhodko and Partners” assists clients in matters related to children’s travel abroad.
We will help you obtain consent to leave from one of the parents; obtain court permission if the other parent is against it; and correctly prepare documents taking into account the requirements of the border service.
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