Very often a situation may arise in which one of the parents for personal reasons (as a rule) refuses to give consent to the second parent to travel (for a while) abroad. For example, parents are divorced, the baby stays with mom. Dad serves as an obstacle for the little one to rest with his mother, for example, in Turkey. How to make sure that this does not happen, so that the export of children abroad without the permission of the father is perfectly acceptable? This will be discussed in the article.
Legality of action
Given the norms of Federal Law No. 114 “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation”, the export of children abroad without the permission of the father It may well be considered legal. The exception is cases in which the second parent declares his disagreement with these actions in a legal manner, documenting his opinion.
If the child is a minor, then by law he has the right to absolutely freely leave the borders of his country, and at least one of his parents (legal representative) must be with him. If the father is silent, then in this case it will be regarded as his consent. When the question arises for obtaining permission to export in disputed situations, they can be resolved exclusively in court.
Export of children abroad without the permission of the father from Russia can be considered resolved in all legal canons. There may be some difficulties when entering another country, the legislative base of which provides for the presentation of an authorization document from the second parent. Therefore, the right decision would be a thorough study of the rules of entry into another country before going there on vacation or on business. You can consult a lawyer who will be able to first suggest a list of documents that will be needed when crossing the border, and then help them draw up legally competently.
Frequently Asked Questions
It just so happens that, to a greater extent, mothers deal with the issues of obtaining permission from the baby's father. And frequently asked questions contain excitement that, for example, parents have been divorced for several years, the father does not take any part in the life of the child, and does not make contact. And how then to either get permission from him, or to go on vacation without it with the baby?
The removal of children abroad without the permission of the father (the liability in this case is really significant) can be carried out on the basis of a court decision: the father objects or does not show up, then the necessary document is drawn up by the judicial authority. Mom applies to the court with a statement of claim, which reflects the issue of permitting the temporary departure of a minor child abroad.
Many or few?
Based on experience, we can say that in most cases, permission to leave the baby outside the home country can be granted for a certain period of time, indicating a specific country and accompanied by either one of the parents or another responsible person.
Much less often it is possible to obtain a court decision to leave a baby abroad until he reaches the age of sixteen. Such decisions are usually taken if the location of the defendant is unknown, or he constantly avoids issuing permission to the ex-wife to leave the child outside the country, which was certified by a notary.
How to cross the border?
Children who have not yet reached sixteen years of age can leave the country with the consent of both parents and accompanied by them (or accompanied by a person (s) authorized by them and who have reached the age of eighteen).
If the parent or an authorized person acts as an escort (in this case, notarized consent is required), then the child can leave by agreement of the second parent, certified by a notary. Moreover, the document should indicate the name of the state where the child will go, the time period of stay there (this is in case the second parent is not indicated at the checkpoint).
From the above it becomes clear that the law requires the consent of the father. But still there is a way out of this situation, and the removal of children abroad without the permission of the father implement quite real. A court decision can help.
But to get such a decision, the mother will need to prove through the court the need that the child needs to periodically go abroad - for his recovery, relaxation, development, both physical and moral, and spiritual.
Required documents
There is a certain list of documents that will be needed:
- a copy of my mother’s passport, a copy of the certificate of her identification number;
- copy of baby's birth certificate;
- certificate (original) from the place of residence that the child lives with his mother;
- court fee receipt;
- if there is, then a copy of the marriage certificate and divorce from the defendant, that is, with the second of the parents (in this case, the father of the child is meant).
If you have this package of documents, you can go to court.
Useful Tips: Part One
In order to obtain permission in a judicial proceeding for periodic (for a certain period of time) trips of a child outside the country, it will take several steps. To begin with, a statement of claim is drawn up, in which the request to provide the mother is indicated: permission, excluding the consent of the father, to draw up documents for temporary travel or escort of the baby outside the country; permission to export a child from the country, excluding permission (or consent) of the father of the baby.
Then you should pay the court fee - 2/10 of the minimum wage. This can be done at any branch of the bank. This receipt must be attached to the claim.
A statement of claim with all the necessary attachments is filed through the registry of the court; the second copy will be intended for the defendant (father of the baby), and the third - for the mother - the plaintiff.
Mom should take part in court hearings. She will be notified of the time and place of their holding by summons or SMS messages to that contact number or address for correspondence, which she indicated in the lawsuit.
Useful Tips: Part Two
After all, mom needs to get a court decision on entry into legal force. And when border control will be held, then at all checkpoints it is required to present a court decision on authorizing the export of the child directly with documents that prove identity.
If the defendant wants to appeal the decision of the local court, then the mother must take part in the consideration of the complaint in the court of appeal before the decision is made by the latter. And then she gets the appeal decision in her hands and can safely go on vacation with the baby.
Is it necessary or not?
In order for the mother to be able to freely carry out the first export of children abroad without her father’s permission, then she will not need to return a document from her father (after the vacation or treatment of the kids, for example). In exactly the same way, mother and baby (or children) will be able to go to Italy, Greece or Egypt, not begging their ex-husband to give their consent for their removal.
There are some conditions for traveling abroad with children, which have long been agreed with some countries. Mom needs to know such rules so that then there are no unpleasant surprises.
Obstacles can arise if a mother decides to go with her baby (or children) to England, the United States, Canada and countries in the Schengen area. Then permission will be required. Export (child, if he needs to rest or heal) in this case he will be able to freely implement.
We go to the CIS countries and even further ...
Even if the parents broke up, a small (and not so) child needs annual rest or, in the case of a serious illness, periodic treatment. How to take children abroad without the permission of the father? This is a question, no matter how my mother studies the documents and the rules for their design, it still remains one of the most painful for her. If the trip will be in the CIS countries, then the father does not need a power of attorney. Export (the child, unfortunately, in these situations acts as a stumbling block in parental disputes) can take place without it. If the baby goes alone, or accompanied by relatives, a teacher, a trainer, his mother’s consent will be required.
It is better to get a passport for the child, but a birth certificate is useful in order to confirm the relationship of mother and child, if, for example, they do not look alike: the mother is fair-haired, and the son is black-haired and dark-skinned. You need to confirm the relationship in the case when the mother and child have different surnames.
The power of attorney for the export of a child in 2016, in general, does not differ from the previous ones. Some fathers in every possible way prevent their children from crossing the border. Mom can go to court, but her statement must be accompanied by evidence. And for this, she needs to get a refusal from the consulate of any of the countries. We must also contact the guardianship authorities: it is they who will warn the parent that his actions violate the rights of the child, and the guardianship authorities will defend these rights in court.
The court assumes that the father abuses parental rights and does not allow the child to move freely. Therefore, a decision will be made obliging him to provide a written power of attorney for the export of the baby. And if necessary in the future, then these documents will be the evidence base for depriving the father of parental rights.
Export of children abroad without the permission of the father in this case it will be carried out without hindrance: mother will only need to provide a court decision, which the notary assured. Then, when issuing a visa, consulate staff will know that it is mother who is the only and full parent of this child.
It is possible not to coordinate with the father the right to export the child abroad even if the child has disappeared and his search did not lead to anything. Mom will be able to single-handedly plan and arrange overseas trips with a child (or children) according to a police certificate or recognition by a court of a father as missing or dead.