When traveling abroad children up to 16 years with mom or dad, or with accompanying entitled to do so only with the permission of parents. What difficulties can arise when a child is traveling outside of Ukraine.
Ukrainian legislation, in particular p. 3 tbsp. 313 of the Civil Code, provided the child's right, who has reached the age of sixteen, to free independent travel outside the country. However, regardless of the travel destination (treatment abroad, recovery, excursion travel, a trip to relatives, etc.) children under 16 years of age have the right to travel abroad only with the consent of the parents and their accompanied or accompanied by persons authorized them.
The procedure for the export of the child abroad Ukraine
The procedure of taking children under 16 years of age, accompanied by a parent or other persons authorized by them, in accordance with the rules for crossing the state border of Ukraine citizens, carried out by a notarized consent of the second parent. The document must contain the route and timing of the trip.
Take the child abroad can only notarized parental consent / istockphoto.com
- the father is a foreigner or a stateless person and is not at the checkpoint;
- There is evidence of the arrears in child support for more than four months;
- mother in the passport or travel document has a record of the child's disposal for permanent residence outside of Ukraine to another State or a mark about taking on a permanent consular registration (Resolution of the Cabinet of Ministers of Ukraine dated 10.19.2016 № 733).
The consent of the father on the export of children abroad is not required, upon presentation of the following documents:
- certificate of birth issued by the authority of the registrar, stating the grounds entering information about the father, in accordance with Part 1 of Article 135 of the Family Code of Ukraine;
- certificate of availability of debt for alimony issued by public or private actors;
- the court's decision to grant a permit for removal of the child from Ukraine;
- court decision on the recognition of the other parent incapacitated;
- the court's decision on the recognition of his father's missing;
- court decision on deprivation of parental rights;
- the death certificate of the other parent.
How to make a warrant for the child to travel abroad
Notary parental consent for export of children abroad is a legal document that prevents the illegal export (abduction) of children from Ukraine. Resolution father (mother) to cross border child only to citizens of Ukraine is required. Present it is only necessary in the original. Children with citizens of other countries, leave Ukraine without a power of attorney.
The procedure for registration of power of attorney (application) for the export of children abroad takes about 15-20 minutes. To this end, the notary will need a minimum of documents: the original passports of parents, their VAT number and birth certificate. In this case, power of attorney form is dependent on the person who accompanies the child to travel. If the children out of the country, accompanied by close relatives (grandparents, uncles, aunts, brothers, sisters), notarized permission to cross the border child should be granted and the father, and mother.
In drawing up a notarized statement to leave a minor (minor) child from Ukraine must be indicated to accompany the child information (power of attorney is issued in his name), travel countries (including transit), goals and deadlines trip.
Sample application of one of the parents on the export of the child abroad
What is the term power of attorney to the child's removal abroad
The term of a power of attorney for the child to travel abroad is prescribed individually, so it depends on the objectives of the trip. At the legislative level, provided clearance parental consent for each trip separately. However, in some cases (treatment, training, competition, communication with relatives, etc.) the power of attorney can be issued for several visits. The cost of power of attorney to leave the child abroad in 2019 is about 200-250 hryvnia.What documents are needed to travel abroad with the child
Minor children can cross the border of Ukraine on the passport, travel document or a travel document of parents (as amended data of the child). It should be noted that the Migration Service of Ukraine stopped the production of travel documents for children, as well as their entry in the passport of his father or mother. However, the travel document of the child can be used for travel abroad before the expiry, but no more than up to October 1, 2019.
How and where to issue a passport for the child
To obtain a passport of citizen of Ukraine for traveling abroad should refer to the territorial unit of the State Migration Service and submit a complete package of documents for the manufacture of a passport for the child listed below:
- Application form, filled with child (if he has reached the age of 16) or one of the parents (for registration of foreign passports to persons who have not reached that age);
- 2 color photographs of 3.5 to 4.5 cm, and the picture size 10 x 15 cm portrait format (for digitizing by scanning a face image);
- Ukrainian passport or birth certificate;
- receipt of payment of an administrative fee.
What are the terms of manufacturing of the passport for the child
Resolution of the Cabinet of Ministers of Ukraine № 152 "On Approval of the Procedure of registration, issuance, exchange, transfer, recovery, return to the state, the destruction of a passport of citizen of Ukraine for travel abroad, his temporary detention and seizure "of 7 May 2014 established the following terms of getting the passport (manufacturing terms depend on the price and purpose trip):
- up to 20 working days - a common procedure;
- up to 7 working days - the urgent procedure;
- up to 3 working days - emergency procedure, caused by the need in the treatment of persons leaving the country; departure person accompanying seriously ill; death of a relative living abroad (on the basis of supporting documents).
How to take the child abroad without the consent of the father
In legal practice, there are cases where the father does not give consent to the minor children of Ukraine. Usually this is caused by divorce and subsequent conflict with his wife, or the place of residence of his father simply unknown. If peaceful means to reach a compromise is not possible, the only solution to the problem is to appeal to the court.
Particular attention should be paid to drawing up the statement of claim because of the convincing argument necessary removal of the child abroad depends on the court's decision. The argument can be a certificate from the medical institutions of the need for treatment abroad if the purpose of the trip is the recovery, or written proof of kinship, if the journey is caused by the desire to visit relatives living in another country.
The list of documents required to obtain permission to leave the children behind the border of Ukraine in court
The procedure for granting permission for judicial removal of the child from Ukraine (list of documents):
- petition for the child to go abroad;
- prove expediency of the trip;
- copy of the court decision on divorce;
- copy of birth certificate of the child;
- a copy of the internal passport, taxpayer identification number of the claimant;
- The statement of claim and annexes thereto.
How to get permission to leave the Ukraine for permanent residence
The procedure for obtaining permission to leave for permanent residence in another country provides for an appeal to the territorial authority of the State Migration Service (SMS) in place of registration. Registration of travel documents of citizens of Ukraine abroad for permanent residence in accordance with the Order of the Ministry of Internal Affairs № 816 from 16.08.2016.
What documents are required for the departure for permanent residence
To obtain permission to leave for permanent residence have to submit the following documents:
- personal application (for persons under 16 years) and the declaration of the parents (for children up to 16 years)
- original and copy of the passport of citizen of Ukraine (for children older than 14 years)
- birth certificate (for children up to 14 years) - original + copy
- original and copy of the certificate of registration of residence
- Three photographs measuring 3.5 x 4.5 cm
- an identity document of the legal representative (original + copy)
- original and copy of the document confirming the authority of the person as the legal representative (no parents and adoptive parents)
- notarized consent of the other parent, who is in Ukraine, to leave the child abroad for permanent residence
- notarized consent of a child aged 14 to 16 years to go abroad for permanent residence
- a copy of the court decision - in the absence of the consent of the legal representatives of a child under the age of 16, on his departure for permanent residence abroad
- receipt on making the statutory board.
You will also be useful to know, have the right to travel of children abroad by various modes of transport.
