Children under the age of 16 can travel abroad only with the consent of their parents and must be accompanied. Parents or people to whom they gave permission to accompany the child can accompany them. The purpose of the trip in this case does not have much significance, whether it is a trip to family and friends, a trip, a school trip, a trip to the sea, to the mountains or treatment and rehabilitation abroad.
In accordance with the Rules governing the border crossing procedure, taking children under 16 years old, accompanied by one parent or with someone else, is possible only with the permission of the second parent issued by a notary.
You will need to contact a notary public and correctly draw up documents for the child to travel outside Ukraine, and be sure to indicate where and how much the child is traveling.
But there are other cases.
It often happens that one of the parents is against the departure of his child abroad and does not give his consent. As a rule, this happens when parents quarrel or are on the verge of breaking up relations, but it happens that they simply demand money from their ex-spouse after they are already divorced and therefore do not give permission. There are different cases, but just the children become hostages of the situation and they suffer primarily when they lose the opportunity to develop normally, to learn the world, travel or improve their health abroad.
In such cases, the most important thing is not to despair and defend your rights and the rights of your child.
How is it possible to go abroad with a child without the consent of the father or mother?
The practice has long been established in the courts to consider such applications and, as a rule, the courts always support children, as they are least protected and vulnerable.
Therefore, an important point for you will be the preparation of a statement of claim, because it will depend on it how convincing your arguments are and accordingly what the court decision will be. If everything is done correctly, the result will be positive, and you can go on vacation with your child.
It will not be superfluous if you have a medical certificate recommending you to undergo special treatment in any country or if you have any written or other evidence that your relatives or friends live abroad.
You can leave Ukraine without the consent of the second parent in the following cases:
If the mother has a note in the passport that the child travels for permanent residence in another country or there is a record of the consulate about permanent registration.
If the parent does not pay child support for 4 months.
If the father of the child is a foreigner or he does not have citizenship and is absent at the place of admission.
Notwithstanding the foregoing, you will still be required to notify the second parent that you intend to leave the country with the child if he is not a malicious payer of alimony and has no debt.
In what situations is father's consent not necessary:
You have a certificate in which it will be indicated that information about the father in the birth certificate is recorded in accordance with part 1 of article 135 of the SKU. Such certificates are usually issued by the registry office and it is not difficult to take them.
If the father is deprived of parental rights.
If the father died or disappeared. Then it will be necessary to provide a death certificate or a relevant court decision where the father is declared missing.
You have evidence of evasion of child support or there is a debt.
If the father is legally incompetent.
You have a court decision that allows you to take the child out on your own.
There are a few new rules so that you can leave the country without the consent of the second parent:
A parent with whom the child remains after a divorce may cross the border without permission if he leaves the country for less than 1 month and does not interfere with the child's communication with the other parent.
He can also instruct his child to travel for less than one month to other people, such as a class teacher, great-grandmother, godmother, etc.
You must also understand that each case is unique in its own way. If you don’t have any documents, or you don’t know where your father is, or it seems to you that no one will give you the documents, this is not the end and does not mean at all that nothing can be done.
In any case, you can even fight for your rights!
A lawyer or lawyer will always help you with this, you just need to turn to him for advice. He will appreciate all the nuances of your situation, find possible options to help you in this situation and develop a strategy to protect your interests.
And do not forget that the Laws and regulations are constantly changing, being finalized and improved, and what could not be done yesterday may become possible tomorrow.
