Departure of the child abroad: if one of the parents is against

Departure of the child abroad: if one of the parents is against

 

Today we consider the situation when one of the parents does not give permission to leave the child abroad. To begin with, such consent is necessary when a child crosses the border of Ukraine without parents (for example, with a group accompanied by adults, with another adult relative, but not a parent, etc.) or with the parent in whose passport he has entered .

So, we recall, if the information about the child is entered in the passport of one of the parents with whom he is traveling,must have with you:

  • the passport of this parent
  • notarized permission from the second parent

or

  • death certificate;
  • court decision on deprivation of parental rights;
  • a court decision recognizing a person as missing;
  • a court decision recognizing a person as incapable;
  • birth certificate of the child, which contains information that the second parent is a foreigner or stateless person;
  • a certificate from the registry office that information about the father was recorded at the request of the mother in accordance with the first part of Article 135 of the Family Code of Ukraine (when the child leaves the country accompanied by a single mother);
  • the decision of the court authorizing the departure of the child unaccompanied by the second parent.

What to do ifthis veryYou do not have a notarial permission, because of unwillingness to give it to the second parent?

The first and most winning option, of course, to agree.

Read also: Departure of a minor child abroad: legal advice

But if this is not the case, then it’s best to start with your request for signing permission.in writing. There it is desirable to describe the reasons and justify the need for the child to travel abroad. It can be recreation, study, rehabilitation, cultural enrichment, family visits, learning a foreign language - anything. It is advisable to send such a request by mail, a valuable letter, an inventory of the attachment (having previously left a copy of this letter, as well as all postal receipts of payment for sending and the “back” of receipt / non-receipt of the letter by the addressee).Such requests can be sent repeatedly. In fact, they are unlikely to achieve the desired, but in the future it can even play you "on hand" during the trial.

Further, unfortunately, shouldtrial.

Departure of the child abroad

As we see from the above list of documents replacing the notarial permission to leave a child, there are several types of court decisions that give the right to leave.

Simplest(if this word can be used at all in relation to a lawsuit in Ukraine :)) - a court decision allowing the child to leave unaccompanied by the second parent. Here the request sent in advance is useful. Also in the lawsuit it is necessary to substantiate that the trip is carried out in the interests of the child and does not limit his rights in any way. Based on court practice, the court most likely will not take into account the oral objections of the second parent (defendant). The defendant will have to convince the court that his refusal is justified by real reasons and that such a trip would violate the rights of the child (by providing concrete evidence of his rightness).

Second option- recognition of the parent missing.In accordance with the law, a citizen may be recognized as a missing person in court if there is no information about his whereabouts for one year at the place of his permanent residence.

Third option- deprivation of parental rights. An exhaustive list of grounds is specified in Article 164 of the Family Code of Ukraine. For example, parental rights can be deprived of a person who fails to fulfill his responsibilities for raising a child, abuses a child, is a chronic alcoholic or drug addict, etc. Of course, any of these points will have to be proved very thoroughly. The process of deprivation of parental rights may be delayed for a long time.

Fourth option- A court decision recognizing a person as incapable. Also a rather difficult case. During the preparation of the case for trial, the court will require the applicant to provide data on mental illness, citizen dementia, or alcohol or drug abuse. Evidence of mental illness can be health certificates, an extract from the medical history and other documents issued by medical institutions.

In conclusion, we add that having considered a certain array of judicial practice in cases of issuing a permission to leave a child unaccompanied by the second parent, with proper registration of the claim and proof of his innocence -chances to win are high enough. Examples of relevant claims on the Internet a lot. But knowing that each situation is in some way or another individual, if you wish to go to court, we recommend, nevertheless, to involve a specialist in the field of family law. This, at a minimum, will help save your time and achieve the desired result as quickly as possible.

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  • Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

    Departure of the child abroad: if one of the parents is against

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