The departure of the child abroad without the consent of the parent

It often happens that disagreements between parents after a divorce through the courts lead to a situation where one of them refuses to issue the second permission to take the child (children) abroad.

This situation should not be an obstacle to foreign travel. We need to be patient and time-consuming – a child’s departure abroad is possible by a court decision.

To do this, parents should apply to the local court at the place of registration or location of the defendant by filing a statement of claim in civil proceedings with a request to provide permission to leave the child (children) without the consent and accompaniment of the second parent.

By submitting an application, the plaintiff pays a court fee in the amount provided for in Art. 4 of the Law of Ukraine “On court fees”.

the departure of the child abroad without the consent of the parent

Family lawyer

Our lawyers are often asked the question: How to get permission to take your child abroad? Do I need permission to travel abroad from a foreign father? Who gives permission for a child to travel abroad if he leaves without parents?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.

the departure of the child abroad without the consent of the parent

Statement of claim for granting permission to export a child abroad

When making a statement of claim, the plaintiff indicates the following:

  • the purpose of the child’s departure abroad (treatment, rest, visiting relatives, etc.)
  • length of stay of the child abroad;
  • location / residence of the child abroad;
  • the fact of the refusal of the second parent to give consent for the child to leave the country.

When drawing up a statement, the plaintiff must attach evidence to it confirming the circumstances set out in the application.

For example, indicating the purpose of the child’s departure abroad, the father can attach a copy of a tourist voucher or voucher to a sanatorium, a certificate from a medical institution stating that the child needs treatment abroad, a copy of an invitation from relatives, etc.

the departure of the child abroad without the consent of the parent

When the permission of the second parent is not required for the child to travel abroad

  1. If one of the parents is deprived of parental rights, at the border it is enough to present the corresponding court decision or its notarized copy.
  2. If a child travels with a single mother, she presents at the border the appropriate document – a child’s birth certificate, where there is a dash in the column “father”.

  3. If one of the parents is dead, a death certificate or a certified copy must be presented at the checkpoint.
  4. If the second parent is missing and there is a court decision about this, the original or a copy of this decision must be presented at the checkpoint.
  5. If one of the parents of the child is a foreigner or stateless person.

    The corresponding fact is confirmed by the entry in the child’s birth certificate, which his father, who leaves with the child, shows when crossing the border.

  6. If one of the parents evades paying alimony for four or more months and there is a corresponding certificate issued by the state executive service body or a private contractor.

When the second parent’s permission is not needed at all:

  1. If the second parent does not have Ukrainian citizenship. According to the legislation of Ukraine, the fate of a child who is a citizen of Ukraine can be controlled only by citizens of Ukraine.
  2. If one of the child’s parents is a foreigner or stateless person, his / her permission for the child to cross the Ukrainian border is not required. The same applies to children registered in another state: they do not need any additional permission to leave Ukraine (too, for entry).
  3. If the documents of the parents or the child contain a record of leaving for permanent residence outside Ukraine or a mark of permanent consular registration at a diplomatic mission or consular office of Ukraine abroad.
  4. If the parent, who is ordered by the court to pay alimony, evades this obligation and the alimony arrears amount to an amount equivalent to four months’ payments or more.

This fact must be confirmed by a certificate issued by the state executive service body or a private contractor.

After August 29, 2019, a father who permanently resides with the child (children) may not issue the second parent’s permission to travel abroad for the child (children), if the fact of permanent residence with the child (children) is confirmed by a document from the court or guardianship authority.

Note: a father who plans to travel abroad with a child must inform the other parent about the planned trip, and the trip itself must not last longer than one month.

the departure of the child abroad without the consent of the parent

Where you can go without the permission of the other parent

Oddly enough, the fact that you can leave Ukraine without the permission of your second parent does not mean at all that you can enter any country without this document.

So, in the world there are states, on the territory of which a child cannot enter without the consent of the father or mother. These countries include, for example, the states of the Schengen area.

Therefore, carefully study the rules of the country you are going to visit with your child. As a rule, the relevant information is indicated in the visa description.

Since visa rules change frequently, get as much information as possible about the countries you are going to visit with your children in advance.

the departure of the child abroad without the consent of the parent

How to get permission for a child to travel abroad

It is not difficult to issue a power of attorney to take a child abroad. Find any private or public notary and arrange a time convenient for you.

Both parents must have passports and TIN (certificate of assignment of an identification code).

Be sure to bring the birth certificate of your child (s) with you. Registration of the permit will take no more than 20 minutes.

If the child travels abroad with one of the parents, the second father gives permission to leave (he signs the corresponding document drawn up by a notary).

If the child travels with relatives or strangers (as part of a creative team, tourist group, delegation, etc.), a notarized permission for the child to cross the border is provided by both the father and the mother (they both sign the permission for the child to travel abroad).

At the same time, the permit must contain information about accompanying the child (a power of attorney is drawn up in the name of this person), about the host countries (including transit countries), about the purposes and timing of travel.

As a rule, permission for a child to travel abroad is drawn up for each trip separately, indicating the countries of stay and the dates of departure and return – this is a requirement of the current legislation of Ukraine.

However, in some cases (treatment, training, sports events, communication with relatives, etc.), the Power of Attorney can be issued for a number of trips or for a longer period without specifying specific dates of departure and return.

the departure of the child abroad without the consent of the parent

Family lawyer when a child travels abroad

In solving a case when a child leaves abroad, the most optimal is to contact a family lawyer to obtain a court decision on the child’s departure abroad, which will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the efficiency of solving the case when the child travels abroad;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.

The best way to save time and money when a child travels abroad is to seek the advice of a good family lawyer!

Contact our family lawyers if a positive result is important for you when a child travels abroad.

To resolve the case, you need to call or write to our family lawyers and they will provide you with all the necessary information as soon as possible!

the departure of the child abroad without the consent of the parent

Frequently asked questions to a lawyer

Power of attorney for the removal of a child abroad. Passport for a child up to 1 year

Abroad, a child can leave with one or both parents, adoptive parents or guardians, as well as with accompanying persons. Independent departure is also possible.

Document

To leave the child must havedocuments for crossing the border, one of the mandatory is the passport. You can make out both a new biometric and an old one. According to the documents of the father or mother, the child can not leave.

If the parents have passports of the old type, the inclusion of data on the minor citizen in them serves only as a confirmation of the relationship, but the departure of minors is not possible at the same time. In new foreign passports, having an electronic medium, a record of children is not made.

The photograph must be present in the passport, regardless of the age of the minor citizen.

the departure of the child abroad without the consent of the parent

When leaving the country, minorsmust have documents proving the relationship (birth, custody, marriage, etc.), among which the power of attorney for the child's export abroad is also mandatory. If the parents' surnames are different, then it is necessary to present a copy of the marriage certificate certified by a notary.

If the mother or father is abroad, theymust apply to the consulate for the necessary documents. They then go by mail so that the child is allowed to travel abroad and was able to travel outside the country.

Differences between old and new passports

Old and new passports are almost the same, forexcept for a few differences. The first is a microchip built into the new sample, which contains a lot of personal data, the second one is a two-dimensional picture, and the third is the validity of foreign passports. The old one has five years, and the new one has ten.

the departure of the child abroad without the consent of the parent

Registration of the passport

Passport for a minor childis registered only by parents or guardians, independent receipt by his minor person is excluded. Documents are filed at the place of residence. The cost of the old passport and biometric is very different in value.

At the place of registration, the passport is issued inFor a month, if this happens in another city, then the terms increase fourfold.

Copies will be required: certificates of birth, passports and passports of parents.

Also, receipts of the paid state duty, photographs, questionnaire and power of attorney for the child's export abroad are needed. It is necessary and confirmation of citizenship.

Registration of biometric passport

You can make a biometric passport thatsuitable for children up to one year. For this you need: a completed application form, photocopies of passports and inserts about the citizenship of the parents, a birth certificate for the baby and 3 matte black and white photographs.

the departure of the child abroad without the consent of the parent

Parental consent

Crossing the border by children is only possible withconsent of the persons responsible for the child.

At the same time, the permission of both parents for exporting a child from the country is not required — a positive decision of either the father or the mother is enough. However, sometimes there are exceptions (this is a little lower).

If the consent of the second parent can not be obtained for any reason, a document is provided that confirms these circumstances. For example:

  • form number 25 from the registry office, if the mother has a certificate of a single person;
  • certificate of death of the absent parent;
  • if it is impossible to determine its location — a certificate from the Ministry of Internal Affairs;
  • the court's decision.

It is impossible to leave if one of the parents agrees with the second. In this case, the situation can be resolved only in court.

But it must be taken into account that not all countries canEnter without the consent of the second parent.

And in many cases, a legally required consent will be required for those responsible for minors.

In some countries, they will still be asked at the entrance to present permits from two parents (it is possible without legal registration), sometimes even though the child is traveling with both.

the departure of the child abroad without the consent of the parent

Parental disagreement

Responsible for the child (parent, guardian,guardian) may not give his consent to the removal of a minor citizen abroad. To do this, he must submit a statement of disagreement to the territorial migration service, border control or to the consulate.

Execution of power of attorney

Consent Letters: One Parent Travelling Abroad with Children

the departure of the child abroad without the consent of the parent

Dad(?) and Kids

Due to concerns about child abduction it is a good idea to have proper documentation when a parent or non-custodial guardian travels outside of the country with children.

In Canada the government provides some helpful tips on travelling with children as well as a sample consent letter that can be used to prove that the parent or guardian has permission to leave the country with children.

While anybody can sign the consent letter as a witness, they recommend that the letter be witnessed by someone who can certify the document, such as a notary public or a lawyer to strengthen the validity of the letter.

We’re lucky to have a couple of laywer friends who will sign these and stamp them with their fancy lawyer seals for us.

The sample letter is fairly detailed and includes names, addresses, and passport details (see below the jump for the suggested wording).

Prior to using the sample letter we had a lawyer friend draft a very simple letter that basically states that the undersigned parent gives permission to the named parent to travel to such and such location between such and such dates with the children.

I’m told that a simple letter is good enough, but it’s really not that much harder to use the government form.

the departure of the child abroad without the consent of the parentInterestingly, of all the people who we know who have gone through the trouble of using these letters to travel to the United States and to Asia, the only time anyone has been asked to provide the letter is upon return to Canada. This seems to indicate that other countries may not take the threat of child abduction as seriously as we do.

The US State Department website [link updated Feb 7, 2011] doesn’t seem to provide specific guidelines for providing similar consent, although it does have a lot of information on preventing child abduction.

Update (4/11/2010): There is a great discussion on this topic at Flyertalk.

The following is the sample letter provided by the Government of Canada. You can find this in doc, pdf, and wpd form as well at http://www.voyage.gc.ca/preparation_information/consent-letter_lettre-consentement-eng.asp.

  • To Whom It May Concern
  • I (We), ________________ (full name(s) of custodial and/or non-custodial parent(s)/legal guardian(s)), am (are) the____________________ (lawful custodial parent and/or non-custodial parent(s) or legal guardian(s))
    of
  • Child’s full name: _____________________________________
    Date of birth (DD/MM/YY): _____________________________
    Place of birth: ________________________________________
    Canadian passport number:_____________________________
    Date of issuance of Canadian passport (DD/MM/YY): ________
  • Place of issuance of Canadian passport: __________________

Free Child Travel Consent Form & How To Write It

A child travel consent form is strongly recommended if a child travels alone, with only one parent or an authorized adult. It notifies others that the child has written permission or legal authority to travel without their parent(s). Travel can occur either across state lines or across country borders.

Table of Contents

What is a Child Travel Consent Form?

A child travel consent form is a legal document used to grant written permission for a minor to travel domestically or internationally without a parent or legal guardian. The form is customarily used when a child travels with a group, school, or an adult who is not a legal guardian. But the form is also essential when a child is traveling alone.

As a reference, people call this form by other names:

  • Affidavit of Consent for Children Traveling Abroad
  • Letter for Children Traveling Abroad
  • Minor Travel Consent Form
  • Travel Permission Letter
  • Parental consent form

How To Write a Child Travel Consent Form 

A simple child travel consent form will identify the following basic elements:

  • Parents: name of parent(s) or legal guardian(s) with legal custody
  • Child: name, date of birth, place of birth, and passport details
  • Travel Details: traveling alone to meet a specific adult accompanied
  • Trip Dates: travel dates, origin/destination cites, the purpose of the trip
  • Contact Information: for both parents and emergency contact
  • Responsible Adult: name of person or group who will accompany the child
  • Signature: signed by a parent or legal guardian NOT traveling with the child
  • Witnesses or Notary Public: some airlines require additional signatures from witnesses for authenticity, and the U.S. Customs and Border Protection suggests a child travel consent form be notarized

What to Include in a Child Travel Consent Form

When providing consent for a minor to travel, there are a few details you need to include to ensure it contains all the necessary information for the relevant travel authorities:

Who is traveling?

Children under 18 should either travel with an authorized adult or have special permission documented in the form. Otherwise, law enforcement officers will consider such children as “unaccompanied minors.”

Who is giving permission?

The parent or legal guardian who has custody of the child must give permission for the child to travel alone or with another parent, family member, or adult. If the child is traveling alone, the Child Travel Consent form should be signed by both parents or legal guardians who have custody of the child.

What are the details of the trip?

The Child Travel Consent form should also spell out the following details:

  • WHERE the child is traveling to (final destination)
  • WHEN the child will be traveling and returning
  • WHY the child is on a journey with another adult or by themselves
  • WHO the responsible adult is, if anyone, that will be traveling

What other details should be included?

This form may also cover any food allergies or special needs of the child.

You may also need a Child Medical Consent Form if you want another responsible adult to make medical decisions and authorize certain medical treatments for the child.

Sample Child Travel Consent Form

Below is a sample of a child travel consent form.

the departure of the child abroad without the consent of the parent

Tips for Writing a Child Travel Consent Form

Parent Signatures

While there are cases where only one parental signature is required to provide travel consent (such as one parent having sole legal custody), there are some situations where the signature of both parents is necessary:

  • The child is traveling abroad alone
  • The child is traveling without a legal guardian with sole custody
  • There is a custody dispute between the parents
  • There is a court requirement for both signatures

A Valid Passport Is Required When Returning from Abroad

When writing your child’s travel consent form, remember that U.S. Customs and Border Protection (CBP) requires a passport for any U.S. citizen re-entering the country by air or crossing a border. Children of any age are required to have a passport, and it would be beneficial to keep the passport together with your written consent form.

Documents to Include

Depending on your circumstances, it may be helpful to add certain documents alongside the consent, especially in cases involving divorce, separation, or custody issues. Be sure to include any court orders, the separation agreement itself, or other legal custody documents to prove the custody arrangement. ‌

Frequently Asked Questions

What do I need to write in a child’s travel consent form?

Include dates, addresses, method of travel, and names of adults who will be responsible for your child. Explain any food allergies or medical concerns they may have, and include your phone number(s) for immediate contact if necessary.

Can I write my own permission to travel letter for my child?

Yes, include all identifying information related to your child and the trip they are taking. A school trip consent form often has these already listed. Alternatively, you can

use our form builder, which allows you to create a permission to travel letter using easy-to-follow prompts.

Child travelling abroad: When is the consent of the second parent for travelling abroad required?

  • There is a stereotype that when spouses get divorced further it would be definitely necessary to make official notarial consent of the second parent in order to go with the child outside of Ukraine with one of the parents.
  • This rule is indeed used for most, but has its exceptions.
  • Today we will talk about cases when it is possible to go abroad without the consent of the second parent and what is needed for this.

Related article: Our lawyers gave the Client legal advice on the dissolution of the marriage and child support payments

Innovations in the legislation on the child traveling abroad without the consent of the second parent

Since August 2018 there have been changes in the legislation, which show us the following exceptions.

Now, the mother or father with whom the child resides permanently has the right, without obtaining the notarial consent of the other parent, to travel abroad for 1 month with the child if:

  • there are documents confirming the child’s place of residence with this particular person (such documents can be obtained from the children’s services or the court);
  • There is clear evidence of the purpose of this exit. For example, treatment, education, participation in a competition, etc.

Important! If you are well aware of the place of residence and location of the other parent, and he/she has no outstanding child support debt, you must definitely notify him/her of an impending departure with the child abroad. This is done by sending a registered letter, where the purpose, time and country the child is going to, must be indicated.

Traveling abroad with a child without a notarial consent, possibly for more than 1 month, given the following conditions are met:

  • if there is an outstanding child support debt, where child support has not been provided for more than 4 months, or if child support has not been paid for 3 months, provided that the child is seriously ill. In this case, you need to confirm the disease with a medical certificate, and the outstanding child support debt must be proven by a certificate of the executive service of the Ministry of Justice;
  • if there is a decision of the court or the children’s services that the minor is given consent to leave Ukraine without the consent and presence of the other of the two parents.

There are situations when the father or mother, with whom the child is not living together, wants to go abroad with him/her. In this case, he/she can leave with the child for an unlimited period if:

  • there is no outstanding child support debt;
  • he has received a notarized consent from the parent with whom the child is living together.

In order to obtain such consent, you must write to the spouse, with whom the child is living together. The person with whom the child is living together has 10 days to give his/her consent. If the parent does not give his/her consent, the other parent files a lawsuit in court.

Such consent must be obtained every time when plans are in place to travel abroad with a child.

In court, the case is considered in the order of reduced production, and this is no more than two months from the day when the proceedings were opened.

Remember! If one of the parents does not want to give his/her consent for the child to leave the country — you can go to court for a one-time permit! Our lawyers can help you with this.

As a showcase of obtaining a permit through the courts, we can refer you to the recent case No. 537/3467/19, when, in September this year, the Kremenchuk city court ruled to let the child leave the country because the father refused to give his consent willingly.

The child was living together with his mother, who wanted to temporarily go to another country in order to improve the health of the child. The court decided to grant temporary permission for the period necessary for the treatment of the child.

Important! If the spouses are legally married, the notarial consent of the second parent is also required.

Related article: Our lawyers helped Clients to divorce within the shortest possible term

What else do you need to know to organize the child's departure abroad without the permission of the second parent?

  1. How to get a certificate on the outstanding child support debt for a child to travel abroad?
  2. First, you need to contact the executive office or a private executor, writing a statement on the issuance of a certificate on the outstanding child support debt of the other parent.

  3. The state executive service or private executor issues this certificate within three business days.
  4. This certificate can be used within one month from the date of its issue.

  5. What is the Office Of Children's And Family Services?
  6. These are district state administrations, executive service bodies, city, village councils of the united territorial community.

  7. How to prove to the court your legitimate intentions to leave the country with a minor child?
  8. In order to prove your requirements in the courtroom, you must provide the following information:
  • A marriage certificate and a certificate of divorce;
  • A birth certificate of a child;
  • arguments in favor of the need for the child to leave the country for education, treatment or otherwise;
  • A certificate of income;
  • A confirmation of the appeal to the defendant earlier with the requirement to provide consent — this can be correspondence in various instant messengers with a request to come to the notary to sign the consent.

The court may, on its own initiative or at the request of the party (by submitting an application), involve the office of the children’s and family services in the consideration of the case.

If you run into difficulties in the process of traveling with a child abroad — get in touch with our specialists!

Contact us by mail [email protected], by phone number +38 044 499 47 99or by filling out the form:

Travel Consent Letter

A Travel Consent Letter is used when a child is travelling alone, with only one parent/legal guardian, or with an authorized group.

This document notifies authorities or other interested parties that a parent or legal guardian has given their consent for the child to travel without them.

This document can be used both for domestic travel inside Canada or international travel across country borders.

Because of increasing instances of child abduction in custody cases, and a growing number of children who are the victims of trafficking or other abductions, an immigration officer, airline, or travel company may ask parents to provide some form of letter of consent if a minor child is travelling internationally with only one parent or with another adult, such as a teacher, group trip leader, or grandparent.

How to use this document?

Using this document, a parent can name the children, provide information about their passport if the trip is happening internationally, describe the circumstances of their trip and the people who will be accompanying them, and outline the travel itinerary. Finally, this letter form contains contact information for adult chaperones, if applicable, and parents or legal guardians in case someone needs to be contacted in the event of an emergency. During the signing of this letter, a witness should also sign the letter, as this is required by some airlines.

Travelling children should carry a copy of this letter with them and any adult chaperones should be given a copy of this letter to show to authority figures as needed.

Applicable Law

Although not required by law, immigration officers, law enforcement officers, or custom agents may detain a child if they suspect an abduction or kidnapping has taken place. By travelling with a Travel Consent Letter, these officers will have the necessary contact information and further assurance that no abduction or kidnapping has taken place.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

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