Quite often cases of abuse of divorced parents of their rights in relation to the child. The legislation establishes the equality of parents in matters relating to children, including in matters of the departure of children abroad. For traveling with a child abroad previously, it was necessary to obtain permission from the second parent, or, if he did not give it voluntarily, to apply for such permission to a local court. Judicial consideration was delayed in time, and decisions were made in the interests of the children for a particular trip, and not for the entire period up to the age of majority of the child.
But today there is a legitimate opportunity for a parent with whom the child directly lives to go abroad with him for up to a month without the notarized consent of the other parent. To do this, you need a decision of the court or guardianship authority, which confirms that the child lives with you.
The parent who lives separately from the child can also travel with him abroad, if he does not have child support debts, and only after obtaining the notarial consent of the other party with whom the child lives directly. Therefore, we focus on the fact that it is very important when deciding whether to dissolve a marriage not to forget to ask the court to note the specific place of residence of the child, at least in the motivating part.
It should be noted that the court decision on granting permission to leave the child abroad without the consent of the second parent is valid for a specific period and only for a particular trip. While the court decision on determining the place of residence of the child with the mother has a permanent force and can be used to travel abroad repeatedly. Decisions or orders of the guardianship and custody authority are valid for one year from the date of entry into force and can be applied to each trip for a period not exceeding 1 month.
Separately, we clarify to the reader that it may take time to obtain the above decisions or permits, and depending on their type, this duration is different. For example, if you do not have problems in communicating with the father or mother of the child, you can find a coordinated position in time, duration, purpose of traveling with a common child abroad – for such a situation it is easiest to contact the notary for the notarial consent of the other parent. In cases where voluntary consent to leave the child abroad is not available, you will need to contact a family lawyer who will provide legal assistance to obtain a court decision. can:
The first option is to go to court and get a court decision on granting permission to leave the child abroad without the consent of the second parent. Based on judicial practice in recent years, a court decision on granting permission to leave a child abroad will be valid only for a separate trip and a certain period. In addition, given the workload of the Kiev district courts, the time to receive such a decision may be up to 1 year.
The second option is to go to court and get a court decision that will determine the child’s place of residence. The question of the child’s place of residence can be raised during a divorce, thus solving issues of further travel with a child abroad without obtaining the consent of the other parent each time. If this question was not resolved by the court during the divorce and is not reflected in the court decision, then a claim should be filed separately regarding the determination of the residence of the joint child. Again, we draw attention to the long time of litigation and the money spent on legal assistance. Although after meeting the requirements of the costs of the proceedings will be assigned to the other side.
The third option is to obtain the opinion of the guardianship and custody bodies, which will confirm the place of residence of the child. Such an opinion of the guardianship and trusteeship bodies makes it possible to independently resolve the issue of temporary departure from Ukraine for a period not exceeding one month. Elapsed time to receive it can be from 1 to 2 months. To obtain such a conclusion, a necessary condition is to inform the other parent by sending a registered letter about the child’s temporary departure from Ukraine. It is better to send a letter of valuable correspondence, and in the text it is necessary to indicate the purpose of departure, the state of destination and the corresponding period of stay in this state.
Since we consider the third option to be the fastest and most convenient, let us dwell separately on the conditions for obtaining the opinion of the guardianship and custody bodies. To confirm the child’s place of residence when deciding whether to temporarily leave Ukraine for treatment, education, child’s participation in children’s competitions, festivals, scientific exhibitions, student competitions and competitions, environmental, technical, artistic, tourist, research, sports events, rehabilitation and rest of a child abroad, including as part of an organized group of children, the parent with whom the child lives, serves in the service for children in the child’s place of residence, follow s documents:
The Service for Children’s Affairs, as a result of reviewing these documents, visiting the child at his place of residence, interviewing those parents who live separately from the child (if possible), or talking to a child over 14, prepares a conclusion on confirmation place of residence of the child for his temporary departure from Ukraine.
The Children’s Affairs Service on the day of the decision informs about it:
the applicant – by telephone;
the parent who lives separately from the child (if his place of residence is known) – by sending him a copy of the decision by mail.
If it is not appealed within ten working days from the date of the decision, it enters into legal force and its copy, certified in the prescribed manner, shall be issued to the applicant for presentation at the crossing of the state border of Ukraine.
Once again we recall that the decision is valid for one year from the date of its entry into force. And when crossing the border, it will be enough to provide its original for review, a certified copy and the child’s ID, a ticket or any check for booking a hotel for up to one month is not involved.
Please note that the concept of a child’s place of residence and registration of a place of residence are not identical, although they may coincide under specific factual circumstances. For the purpose of obtaining a decision or permission to leave a child abroad, the actual place of residence of the child, namely, its establishment by service workers, is important.
Summarizing, when crossing the state border of Ukraine, it is necessary to present a court decision on determining the child’s place of residence or the relevant decision of the guardianship and custody authority to an official of the State Border Service.
In conclusion, we note that an intentional violation of the obligation to return with a child within one month from the date of departure establishes administrative liability in the form of a fine of 1,700 UAH. up to 3400 UAH and the loss for a year of the right to leave the child abroad with one of the parents without the permission of the other, for a period of up to 1 month.
Despite the divorce, remember about your high debt – it is ensuring the interests of the child in rest and development, and therefore no personal claims can be a hindrance. If the agreement could not be reached, the family lawyer will protect the interests of your child.