Issuing permission for a child to travel abroad from a parent is an important procedure that ensures the protection of the interests of the child and allows the father or mother to resolve issues related to the child’s travel outside Ukraine. This process is regulated by the legislation of Ukraine and has its own requirements. In this article, we will look at how permission is issued for a child to travel abroad from one of the parents.
In what cases does a child have the right to travel abroad?
The Constitution of Ukraine provides that every citizen has the right to freely leave the territory of Ukraine. However, when it comes to the departure of a minor abroad, special attention is paid to ensuring the rights and interests of the child.
According to the legislation of Ukraine, an individual under the age of 16 has the right to travel outside Ukraine only with the consent of parents (adoptive parents), guardians and accompanied by them or accompanied by persons authorized by them, except for cases provided for by law.
Thus, if the child has not reached the age of 16, he must issue in the appropriate manner the consent of the parents to leave Ukraine.
However, the Civil Code provides that if a child is already 16 years old, then he has the right to independently cross the border without the consent of his parents (adoptive parents).
What is the procedure for issuing permission to leave a child abroad?
Issuance of permission to travel abroad for a minor under 16 years of age can be done both voluntarily and through a lawsuit, depending on the consent of both parents.
In the case of voluntary registration of the consent of the parents, they must sign an application in which they indicate their consent to the departure of the child abroad. This application must be notarized, for which it is necessary to present the original passports of each parent, the tax registration number of the taxpayer card and the birth certificate of the child. The application and authentication of the signature can also be carried out at consular offices. This consent, in its essence, is a safeguard against the illegal export of a child outside Ukraine, since a private or public notary certifies the authenticity of the signatures of both parents of the child, which makes it impossible to falsify documents and provides certain guarantees regarding the validity and legality of such consent.
If one of the parents does not give his consent to the departure of the child abroad, then the other spouse, if he does not evade parental duties and does not have alimony arrears, may go to court. In this case, he submits a statement of claim to the district or state court at the place of residence or stay of the other parent of the child who does not give consent. The statement of claim must indicate the purpose of the child’s departure abroad, the period of stay, location and the fact that one of the parents refused to give consent to the child’s departure abroad.
The trial takes place in a simplified lawsuit, and provides for the payment of a court fee, established in accordance with the Law of Ukraine “On Court Fees”. As of the end of May 2023, the court fee for the category of such cases is UAH 1,073.60. Evidence must be added to the statement of claim confirming the purpose of the child’s departure abroad, such as medical reports, travel vouchers or an invitation to study.
If you need help with obtaining a permit for a child to travel abroad from a parent, then contact the law firm “Prikhodko and Partners”.
Our company will be able to provide you with the necessary legal assistance and qualified support during the registration process, which includes the collection of all necessary documents, such as a child’s passport, birth certificate, documents confirming your status as a father or mother, a court decision (if any) on about custody or alimony, as well as any other documents that may be requirements for obtaining permission to leave the child.
In addition, our lawyers will analyze your specific situation and provide the necessary recommendations on the procedure for issuing a permit. They may also engage in correspondence with the relevant authorities and other parties that may influence the issuance of permission for the child to travel abroad. So don’t hesitate and ask for help!