The procedure for a child's departure abroadThe procedure for crossing the border of Ukraine is regulated by the "Resolution of the Cabinet of the Ministries of Ukraine" About the consolidation of the Rules of re-assignment of the state cordon by the citizens of Ukraine ".
As you know, to travel abroad, citizens of Ukraine with children need the consent of one or both parents, certified by a notary. The document is drawn up with a notary only if both parents agree to give permission to the child to travel abroad. The consent cannot be multiple, but only for one trip with the obligatory indication of the country / countries of destination, and the determination of the date of departure and return.
What to do if the second parent does not give consent for the child to travel abroad?If the second parent of the child does not give permission for the child to travel abroad and refuses to issue consent to leave with a notary, you need to understand that the legislation does not establish a restriction on the departure of a minor child abroad, but only establishes a certain procedure for his departure abroad with parental consent or court permission in the absence of the consent of one of the parents.
Within the framework of one court case, the court issues permission for the child to leave, usually for one temporary trip, indicating the reason for the trip, the country of destination and the start and end dates of the trip. The reason for the trip should coincide with the interests of the child - recovery, relaxation, treatment, and so on.
The procedure for obtaining a court decision on granting permission for a minor child to leave Ukraine without the consent and accompaniment of the father / motherFirst of all, it is necessary to obtain from the second parent a written refusal to give permission for the temporary departure of the child abroad. Refusal is the basis for opening a court case, is the subject of a dispute and requires documentary confirmation. In practice, a written refusal will most likely not work; instead, it is necessary to notify the defendant of the desire to obtain permission to leave the child using a certified letter sent to the place of registration of residence.
Next, you need to draw up a statement of claim for permission to leave the minor child outside Ukraine without the consent and accompaniment of the second parent. Pay the court fee for filing a statement of claim of a non-property nature by an individual - 0.4 of the subsistence level for able-bodied persons.
The application must be accompanied by the original receipt of payment of the court fee, copies of documents of the participants in the case and evidence in the case, which will help substantiate the need to grant permission for the child to travel abroad.
The success of a case, as in most court cases, depends on the availability of the necessary evidence and the correct stated claims.
Temporary or permanent departure of the child abroadThe departure of a child for a long period abroad is different from a temporary departure. In the case of competent handling of the court case, it is quite possible to obtain permission for a temporary one-time exit. But, if you go to court with a claim to allow the child to travel on a reusable basis or for permanent residence / study abroad, the court will refuse to satisfy such a claim.
The child's departure for a long period is carried out as part of the paperwork for leaving for permanent residence. After passing the procedure for registration of departure for permanent residence, a citizen and a child become a non-resident in Ukraine. To register a child's departure for permanent residence from Ukraine, the consent of the second parent is also required.
The departure of a child abroad without the consent of the second parentAccording to the Legislation of Ukraine, there are cases in the border crossing rules in which it is not necessary to have permission to leave a minor child without the presence of both parents. Here are some of them:
- ✔ temporary departure of a disabled child who is sick with a disease under Part 5 of Art. 157 of the Family Code of Ukraine;
- ✔ if the child's place of residence is determined with one of the parents, he can travel with this parent for up to one month;
- ✔ availability of a child's birth certificate issued by a foreign state if it does not contain information about the child's father;
- ✔ availability of a certificate from the executive service about the alimony arrears for more than 4 months;
- ✔ single mother with a confirming birth certificate of the child;
- ✔ a court decision on the issuance of permission to leave the child;
- ✔ the second parent has been declared incapacitated;
- ✔ the second parent has been declared missing;
- ✔ the second parent has been deprived of parental rights;
- ✔ there is a death certificate for the second parent;
- ✔ if the child in the passport has a stamp on retirement for permanent residence or a stamp on acceptance for consular registration abroad;
- ✔ if the second parent is a foreigner or stateless person.
If you need help in obtaining a court decision on granting permission to leave a child without the consent of a parent living separately, you can order a full case management or a separate statement of claim through our website - by phone or through the service order form https://www.yurdopomoga.com.ua.
We will be happy to help.
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