How to take a child abroad if the parents are divorced?

What grounds may a parent have to take a minor child abroad in 2021? This process is carried out by one of the parents, but the other must give them their consent. Below we will describe all the recommendations and rules for preparing the necessary certificates and documents. In most cases, issues related to taking children abroad are resolved with a professional lawyer.

When you have decided to take your child on vacation abroad, you need to start preparing the necessary documents in advance, because this can take quite a long time and you may simply not be able to catch the plane or train on time.

Child traveling with parents

It is worth considering that leaving Russia and entering another country are not the same thing. The rules in force in our country may not be valid for the entry of a child into the destination country. For example, it will be necessary to obtain a Schengen visa for a child to visit European countries included in the Schengen zone. The requirements below apply only to permission to leave Russia for children under 18 years of age.

• A minor child, accompanied by a parent or guardian, can travel outside of Russia if he has his own foreign passport.

  

• Sometimes it is possible to travel with a minor child if he does not have his own passport. In this case, he must not be 14 years old, and he must be included in his parent’s foreign passport.
• Even when a child travels with his own foreign passport, you need to have a birth certificate and certified copies of the document with you.
• This document will also be required if the child and the accompanying parent do not have the same last name.
• A child can travel outside of Russia accompanied by only one parent, without the written permission of the second spouse. However, it will be impossible to enter most countries - especially Europe - without such consent. The Schengen rules not only provide for such consent, but also require that this paper be officially certified by a notary.

  
  To cross the Russian border, such a document may be required if one of the parents previously submitted a written application for a ban on the child leaving Russia.

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• Minor children traveling with their parents can take advantage of preferential border crossing conditions if they travel to CIS countries. To cross the borders of Belarus, Moldova, Kazakhstan and Armenia, it is enough to present a birth certificate with a stamp indicating Russian citizenship.

Most countries have very strict requirements for minor children crossing the state border. This is primarily explained by the total fight against kidnapping, hence the more stringent migration policy.

For example, when applying for a visa to France, a family traveling as a whole was asked to draw up and notarize two permits, which stated that the wife trusts her husband, and the husband trusts his wife, and both are not against the fact that their minor child is traveling abroad with them .

In the absence of a cross-authorization, tourists are denied a visa and are prohibited from entering a foreign country.

How to obtain permission to take a child abroad after a divorce

During the process of divorce (and when obtaining a divorce), you should agree in advance with your ex-spouse and obtain written permission from him to cross the Russian border with a minor.

It is advisable, even during the divorce process, to determine the procedure for children leaving Russia with one of the parents.

Information about the agreement will be reflected in the court decision on divorce and will significantly facilitate further relationships between divorced spouses.

A travel permit (provided that the parents are divorced) from a father or mother not participating in the trip must be drawn up in the presence of a notary, certified by him and reflect the following information:

• Child's birth certificate or passport if the child is 14 years old.
• Information from the passport of the citizen accompanying the children.
• Data from divorce documents.
• Name of the state to which the minor is traveling.
• The period for which children travel.
• The period for which the permitting party approved the trip.
• Words confirming agreement to travel.

The permit is written only on a form in the established form or generated using the same form in printed form on a computer, followed by printing it on a sheet of white A4 paper.

You can have the document translated into English by a licensed translator if this is dictated by the rules for preparing documents for a visa.

The cost of obtaining a travel consent for a son or daughter from a notary, written by a former spouse, depends on the region and ranges from 500 rubles.

Do you want to know more about obtaining permission for a child to travel abroad? Read about this in the article at the link.

The child travels accompanied by third parties

In order to leave Russia and enter another country, there are certain requirements. So, it doesn’t matter at all who the child goes with: a teacher, educator, coach or relative. The following requirements must be met:

• Every minor child must have a foreign passport. There will be no parent present and therefore the ID must be personal.
• To leave Russia, you will need the permission of a parent, while the second one must not even have previously filed prohibitions. If there are any, the notarized consent of the second spouse is also required.

  
  These consents must contain personal information about the child, parent, as well as comprehensive information about the trip - which country or countries he is going to, for how long, with whom. Moreover, to cross the border of the country to which the child is traveling, similar permissions from both parents will most likely be needed.

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• At the Russian border there is no need to provide consent from the parents, which contains information about who the child is traveling with, but to obtain a visa or when passing a checkpoint in other countries, this information may be requested. Up to confirmation of data on the family ties of the child and the accompanying person, if this is exactly what is stated in the documents.

Traveling of minor children abroad

At a time when a minor child plans to travel abroad with one parent, they need to come to a travel agency to purchase a ticket. Experienced managers most often point out to clients the important need to obtain mandatory permission from the other parent. They justify this by the fact that in the absence of this document, tourists often have problems when crossing the border of any other state. That is why it is important to refer to the legislation currently in force, and also to understand how true it is.

Ban on leaving Russia

Along with documents that allow you to leave the country, there are documents prohibiting this action. For example, to prevent a child from being taken out of Russia, one of the parents or legal representatives has the right to formalize their disagreement. A ban on a child leaving Russia must be submitted in person to one of the territorial divisions of the Russian Ministry of Internal Affairs; previously applications were accepted by the Border Service.

Such a ban can be challenged through the court, and the initiation of litigation must be initiated by the parent who wishes to travel abroad. If such a statement has taken place, in order to cross the Russian border it is necessary to provide a copy of the court decision or written permission of the second spouse, certified by a notary.

The permission of the second spouse will be required to enter the territory of a number of foreign countries. However, it is not always possible to obtain such a document. For example, if the parents do not live together and do not know each other’s whereabouts. In this case, the issue is also resolved in court.

The second spouse is not required to provide permission for the child to leave Russia if he is absent and this is documented. This case includes the fact of death, deprivation of parental rights, confirmation of the status of a single mother.

Features of obtaining consent in 2019

Any person who understands absolutely nothing about legal issues can always enter into contracts quite erroneously. Therefore, it will be enough just to write down in the completed consent a complete list of countries that are allowed to visit, and it is also important to indicate that the drawn up agreement is valid for a certain number of years and this issue has been peacefully resolved. In fact, the current legislation determines the most precise rules for the preparation of such documents. In accordance with it, the following laws are established:

1. Any parent can obtain permission to travel abroad only for one specific trip to one or more foreign countries, and the time is also set;
2. The names of the countries indicated must be written exactly according to the established all-Russian classifier of countries of the world. This document does not allow the use of colloquial language or forms that have not become generally accepted as a result of international relations. This also applies to various kinds of generalizing phrases, such as: “any state in our world.” However, when sending a child to one of the Schengen countries, it is allowed to prescribe some general wording, especially when the mother does not try to indicate that she and the child will visit other countries.
3. It is important to take into account that the validity period of an agreement to visit foreign countries must also be limited to a certain period of travel. In addition, wording that implies certain long periods of time that are completely unrelated to the intended trip (for example, the age of a child) is completely prohibited here. Formulations of this type may also run counter to the rights of each child and at the same time be accompanied by possible difficulties in fully ensuring all his interests in the future.
4. If for some reason a young mother does not have the opportunity to obtain consent from her husband for the child to travel abroad in the following cases:
   the marriage union broke up;
5. the whereabouts of the husband have not been established for a long time;
6. in the event of the death of a spouse;
7. if the ex-husband was deprived of rights to the child.

The following documents may be provided as grounds for the child’s departure:

• a photocopy of the document on the death of the husband, which must be notarized;
• original certificate stating that the mother is registered with a social security organization as a single mother. A certificate from the registry office must also be attached here, which testifies to the recording of the father’s death according to the mother’s words;
• a photocopy of the court order (necessarily certified by a notary), which approves the alienation of the right to be considered the parent of one of them;
• the original certificate from the police stating that the search for the father was not successful or a certified photocopy stating that the father was declared missing.

Now it’s worth summarizing the main points that relate to obtaining consent for a child to cross the border. This document is required:

• Notarize;
• Translate the necessary names of countries of the world into the official language;
• Carry out approval, indicating the required time frame for leaving the country.

In addition, you need to consider:

• The inability to provide parental consent must be confirmed by official certificates;
• The originality of the painting is required, as well as the seal of a specialist from the selected notary office (confirmed by an apostille).

Own passport or entry in parental document

Given that in 2021 your own foreign passport is a mandatory document for traveling abroad with minor children, the question arises: at what age can it be issued? Correct answer: from birth. Even a baby who is only a few weeks old can get a foreign passport. And this will not be a nominal document, but a real passport, which will necessarily be supplemented with a photograph of the baby.

For minor children over 14 years of age, there is no alternative to crossing the Russian border other than their own foreign passport.

But for those who have not yet crossed this threshold, you can use the current second option: if the child is included in the parent’s passport and is currently under 14 years old.

The passport contains not only personal information about the child, but also a photo of the child with a stamp on it. Without these required attributes, the document will not be valid.

Position of the law

According to the Family Code of the Russian Federation (Article 61), each parent has the same rights to the child, including after the spouses divorce. This means that a man and a woman must be informed about the child’s movement throughout the country, and especially when traveling abroad.

According to Art. 20 Federal Law No. 114 dated August 15, 1996 (as amended on December 16, 2019), if a child travels abroad with any of the parents or official guardians/adoptive parents/trustees, there is no need to obtain a permit. This is mandatory if a person under the age of 18 is traveling unaccompanied by specified persons.

When traveling independently, you must have a notarized consent from the mother or father to travel abroad. The document specifies the period during which the child will stay abroad. The question arises whether the consent of the second parent is necessary for departure in this case. As in the situation discussed above, it is not necessary.

Documents for a foreign passport for a child

You can obtain a foreign passport for a minor child yourself by contacting the authorized body in person, or through the State Services portal; you can also use the services of special institutions, including travel agencies.

The current rules allow children to receive old and new passports. However, for very young children it is recommended to issue old-style passports, since they are valid for only five years, after which they require mandatory replacement.

Minor children grow up quickly; the photograph in the document does not correspond to the appearance of the child in the future, as a result of which problems may arise at checkpoints during travel.

Rules for lifting the ban

According to the new legislation, a ban on the removal of a minor from the country, issued by any of the parents or an official representative, is a sufficient basis for refusal to cross the border. Only the person who issued it can revoke such a decision. Otherwise, the problem is resolved through court.

The statement of claim is filed against the person who issued the ban. There is no point in applying to a judicial authority against border guards or the airport. Such actions are a waste of time. The claim must indicate:

• name of the court;
• data of the parties;
• Title of the document;
• reasons for the application and request for permission to export a person under 18 years of age abroad;
• list of attached documents;
• date and signature.

Both parties - the plaintiff and the defendant - must participate in the consideration of the case. After studying the situation, the court decides whether to allow departure or leave the claim without consideration. The losing party has the right to appeal to the Supreme Court.

Old style international passport

According to current regulations, it is necessary to collect and submit the following documents:

• National passport of the parent in which the child is registered. Along with the original document, there must be photocopies of all pages containing any information: full name, photo, registration, marital status, children;
• A document confirming Russian citizenship - this may be a birth certificate with the appropriate stamp. You need the document itself and its photocopies, which will be certified on the spot when accepting the documents;
• Application for a foreign passport in two copies, it is filled out on behalf of the parent with whom the child is registered and the minor himself;
• Birth certificate of the child.
• If a foreign passport has already been issued, you must provide its original;
• Paid state duty;

  

  Sample receipt for payment of state duty

• 4 photos;
• It is necessary to provide a regular passport and copies of the document if the child is over 14 years old.

Schengen visa for a child

What if the country has a visa?

The situation is somewhat different in the case of a trip to those European countries that require a Schengen visa. Under the terms of such a visa, a traveler can visit a number of states indicated in it, and for this, one Schengen visa is sufficient everywhere; in this case, there is permission to indicate only one country in the permit and refer to the possibility of traveling to other states, according to the list of Schengen visas.

An issued permit that does not indicate the dates and duration of the trip may be considered a violation of the child’s rights and serve as a reason for refusal to leave.

Permission may be issued to visit a specific state or several countries, all this is done at the discretion of the child’s representative by law.

Biometric passport for a child

A biometric passport can be issued for children from birth, after the child has basic documents. Parents need to collect the following package of documents:

• application for a foreign biometric passport;
• original and copy of the national passport, if it has already been issued to the child;
• You will also need a birth certificate. It is worth putting stamps on it in advance indicating citizenship;
• a simple passport photo, it will be used for the archive; the photo in the passport itself will be taken directly at the service using special equipment, since the photo will contain biometric data;
• if a foreign passport was previously issued, then you need to provide it;
• passport of one of the parents with photocopies of pages containing information;
• confirmation of payment of state duty.

The main disadvantage of issuing a biometric passport for a minor child is that the child’s presence is mandatory when submitting and receiving the document. While when ordering an ordinary foreign passport, only parents can go through all the procedures.

Requirements for obtaining consent

Representatives of the FSB and border guards carefully study the consent issued by any of the parents. Document requirements:

1. The validity period is determined by the period of stay of the minor abroad. Information is indicated in different time periods (year, month, day or hour). The period can be limited to the onset of a certain date, for example, reaching 18 years of age.
2. The consent indicates the countries where the child is traveling. However, abbreviations in the form of CIS, EU and others are not allowed.
3. When a document is executed by a foreign notary authority, a translation into Russian is required. At the next step, the paper is certified at the Consulate of the Ministry of Foreign Affairs of the Russian Federation or an apostille is affixed.

Upon returning to Russia, a person under the age of 18 does not need permission from either parent. This is due to the requirements of Federal Law No. 114 (Article 2). It says here that a citizen of the country cannot be deprived of the right to enter Russia.

Registration of travel for permanent residence with a child.

In the case where the mother has established deadlines and time frames for obtaining permanent residence in another country, it is necessary to start processing the documents as early as possible.

The trial could drag on if government officials have questions.

How can you apply for permanent residence without your father’s consent? To do this, you must justify your decision and its significance for the minor. In addition, you will need to prove to the court that the terms of communication and upbringing of the child by the second parent will not be violated.

It should be noted that when resolving a dispute, the judge listens to both sides. A parent who does not agree with the move may have serious reasons for this.

For example, he may not have the opportunity to see a minor due to the high cost of tickets to the country, etc.

In order to avoid problems and have a better chance of success, it is recommended that you contact a qualified lawyer.

He will tell you what documents are required for a child to travel abroad, and how to draw up an application to obtain permission from the second parent.

Documents for traveling abroad for a child under 14 years of age.

To organize travel abroad, the necessary documents and powers of attorney are prepared.

The list includes:

• Birth certificate;
• Child's international passport;
• The parents' foreign passport, where the minor is noted, or a biometric document for an adult and a minor;
• Power of attorney for the person who will accompany the child, if these are not his legal representatives;
• Consent of one of the parents for the trip.

It should be noted that the power of attorney must be officially registered with a notary.

Parents will need to contact the office where the document will be drawn up. The cost of a power of attorney depends on the price list for notary services, which are established by legislative acts throughout Russia.

In general, it varies between 1000-1500 rubles.

Organizing a child's trip abroad with one of the parents.

It is not always possible to travel abroad with the whole family. If a visit to a certain country is required, it is advisable that the minor be accompanied by one of the parents.

In such a situation, it is not necessary to obtain permission from a legal representative for the child to cross the border.

For the trip you will need to prepare:

• biometric passport of a minor and accompanying person;
• child's metric.

There are countries where at customs control it is required to present a document confirming the good financial situation of tourists.

It happens that in order to enter the state, civil servants are asked to submit documents confirming the rental of housing for a certain period.

If you need to go to another country, and contact with one of the parents is completely lost, it is recommended to obtain a certificate from the Ministry of Internal Affairs stating that his whereabouts are unknown.

If the legal representative previously submitted documents for a travel ban, he will need to formally issue a new permit.