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Family law Travel abroad of a guardian of a disabled child

Anna Saliienko

Lawyer

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saliienko@prikhodko.com.ua

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Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Travel abroad of a guardian of a disabled child

The issue of traveling abroad with a child who is a person with a disability is of considerable public interest.

For caregivers, such a trip may be related to treatment, rehabilitation, family reunification, or other humanitarian needs.

At the same time, Ukrainian legislation establishes clear rules regulating this process to protect the rights of the child and prevent violations.

Legislative framework: main sources

The following key regulations are important:

Resolution of the Cabinet of Ministers of Ukraine No. 57 of January 27, 1995. – the basic document regulating the rules for crossing the state border;
Family Code of Ukraine – determines the status of the guardian, the rights of the child;
Law of Ukraine “On the Protection of Childhood”;
Law of Ukraine “On Rehabilitation of Persons with Disabilities”;
Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities (ratified by Ukraine).

Guardian: status and confirmation of authority

The guardian is a natural person, who is officially appointed by the guardianship authority or court. This status gives the right to represent the interests of the child in legal, social, and medical matters, including travel outside Ukraine.

To confirm your status at the border you will need:

document on appointment as a guardian (court or guardianship authority decision),
passport of a citizen of Ukraine,
child’s birth certificate or ID card,
MSEC certificate on the child’s disability.

Procedure for traveling abroad according to Resolution No. 57

According to this resolution:

Persons who may accompany a child with a disability:

one of the parents (if there is a full package of documents);
guardian/trustee – upon presentation of guardianship documents;
another person – with the notarized consent of the guardian.

Special cases:

If a child is traveling with a guardian, permission from the other parent is not required.
To cross the border for the purpose of treatment/rehabilitation, confirmation from the receiving party (medical facility) is required.
If the guardian leaves with the child without the permission of the guardianship authority, this may be considered a violation of Article 313 of the Civil Code of Ukraine.

Court permission to leave

In case of disputes or refusal of the guardianship authority, the guardian may go to court.

Court:

reviews documents and justification for the trip,
assesses the child’s health,
takes into account the opinion of the child (from 10 years old),
makes a decision in the form of a permit with fixed conditions (country, term, support).

Required documents for departure

To legally cross the border you need:

Passport (regular or biometric) of the guardian.
Child’s birth certificate or passport.
Documents confirming disability (MSEC conclusion).
A decision by a court or guardianship authority to establish guardianship.
Permission from the guardianship authority or court order (in case of long-term departure).
Medical documents (in case of travel for medical purposes).
Confirmation from a foreign institution/person (invitation, letter of admission for treatment, study, etc.).

It will also be useful: Establishment of guardianship

Traveling abroad by a guardian of a child with a disability during martial law

During martial law in Ukraine, the issue of a guardian’s departure with a child with disabilities is regulated by special rules established taking into account the safety of citizens and national defense.

Yes, according to current decisions of the Government and the Border Guard Service, guardians have the right to leave if:

accompany a disabled child under the age of 18;
have documents confirming the child’s disability (MSEC certificate, certificate);
submitted a full package of documents (including confirmation of the purpose of the trip, for example, treatment);
can prove the humanitarian nature of the departure or the need to protect the rights of the child.

It is also important that the child is registered as requiring care, and the accompanying person is an official guardian, confirmed by a decision of the guardianship authority or court.

In some cases, you must provide an invitation from a foreign medical or humanitarian institution.

It is better to clarify changes and current conditions before traveling directly with the border service or with our specialists. Given the constantly changing conditions of martial law, legal support is extremely important.

Design tips

Plan ahead: Preparation of a package of documents may take up to 30 days.
Keep copies of: Always keep copies of all documents with you.
Use official sources: It is better to get application templates from government websites or from a lawyer.
Consider the child’s interests: in court this is a key factor.

The issue of a guardian traveling abroad with a disabled child — complex, but solvable with proper legal training. The current Resolution No. 57 is a key document that must be studied and followed in every provision.