Do you know how you can take your child abroad without the consent of one of the parents?

Do you know how you can take your child abroad without the consent of one of the parents?

The disagreements between parents lead to the fact that one of them refuses to give the other permission to take the child abroad. Children under 16 can be taken out of the state only with the consent of both parents under the legislation of Ukraine. The requirement of the law does not depend on the purpose of the trip: it does not matter whether you are taking the child to rest or improve his health. You need the parent to confirm he or she does not mind traveling.

The legislation provides for the possibility when the notarial consent of the second parent to take the child abroad is not required:

✅ if one of the parents is deprived of parental rights

✅ if the child is traveling with a single mother

✅ if the other parent is dead or missing

✅ if the second parent of the child is a foreigner or stateless person

✅ if the other parent avoids paying child support

By the way, about the alimony. If the mother or father applied to the court officially, and then to the executive service to collect the alimony from the other parent of the child for his maintenance, and the debtor still does not pay anything, it is likely the alimony debt has arisen. If it exceeds the amount of the alimony for 4 months, then the parent with whom the child lives must contact the contractor and take a certificate of debt. It will be enough to cross the border with the child without the consent of the second parent.

You can get a relevant court decision also. It can be a one-time permit for one trip or a permit for a certain period. For example, for one year.

When drawing up such a statement of claim to the court, it is necessary to indicate:

⚠️ the purpose of the child’s departure abroad (treatment, rest, visiting relatives)

⚠️ length of stay of the child abroad

⚠️ location/residence of the child abroad

⚠️ the fact of the second parent’s refusal to consent to the child’s departure from the country

The examples of when you can take your child abroad

There were cases when mothers were given permission for a period of one year to cross the border with an uncontrolled territory in Ukraine. The motivation was the grandmother and grandfather, almost all of the child’s relatives remained in the uncontrolled territory. Such permission was issued in order not to separate him from them. You can contact the board of trustees also. They will help to establish the actual place of residence of the child with one of the parents, draw up the appropriate order, and present it at the border. It will be enough for the child’s temporary departure for a period of not more than one month.