Foreign travel is very popular with Russians. Of course, in most cases, people prefer not to part with their families and travel together, but sometimes this is not possible. Often, children go abroad without any relatives at all - for example, as part of a sports team. Finally, ex-spouses may not want to travel together. We will find out if permission is required for the child to travel abroad if the parents are divorced.
The procedure for the departure of minors abroad
Art. 20 of the Federal Law on Entry and Exit into the Russian Federation No. 114 of 15.08. 1996 says that a child can go abroad:
- with a parent;
- with a guardian or adoptive parent;
- with a third person in charge (for example, a teacher);
- on one's own.
According to Russian law, permission to leave for a minor is required only if he travels abroad without being accompanied by his parents or other legal representatives. However, the rules of the country of visit should be taken into account.
The absence of a formal prohibition of the second parent is regarded by Russian legislation as consent to the child's departure.
To impose a ban on leaving the country, you must submit an application to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs or the Border Service and indicate in the text of the document the reasons for your disagreement. If the father or mother permanently resides abroad, an application for a travel ban is submitted to the diplomatic mission of the Russian Federation in the country of residence. In this case, the minor will not be released outside the state. Thus, before traveling, you should clarify whether there is a ban on crossing the border. The website of the Russian Border Guard Service does not provide such information.
Father's permission to leave the child with the mother, if divorced, is not required. In the same way, a minor citizen can go abroad with his father, without a power of attorney from the mother. However, it should be noted that this document may be needed to enter another state. Do I need the consent of the ex-husband to take the child abroad - the answer to this question may sound differently:
- to the countries of the Schengen zone without the permission of the father, certified by a notary, minors simply will not be given a visa;
- When entering a visa-free country, a power of attorney from the mother / father may be required.
Take a sociological survey!
Required documents
A minor who is left with one of the parents upon divorce can travel abroad with any of them. It is enough to present the following documents:
- Passport of a parent or other accompanying person.
- Foreign passports of children (if any). If the parent has an old passport and children are entered there, you can present a birth certificate.
- A document confirming the existence of family ties between the child and the person accompanying him. A birth certificate is usually used. If minors and their parents have different surnames, a notarized copy of the birth certificate is required.
- Visa to the country of visit. You may need your ex-spouse's permission to obtain this document. It all depends on the laws of the state you are heading to.
- Travel authorization from both parents or guardians, if minors are traveling accompanied by persons who are not their legal representatives. As already noted, this document is also called a power of attorney.
If a young citizen goes abroad alone or with persons who are not his legal representatives, he will need:
- international passport;
- visa;
- notarized permission of legal representatives to travel. According to Russian law, it is enough to present a power of attorney from one of them. At the same time, it is important to take into account the laws of the state to which the trip is planned.
The reasons for the ban on traveling abroad may also be overdue loans, unpaid receipts for housing and communal services, alimony or fines from the traffic police. We recommend finding out information about the availability of debt using the proven service nevylet.rf.
When the second parent's consent is needed
The consent of the ex-spouse for the children to travel abroad is required in two cases:
- If these are the rules of the country of visit.
- If minors travel abroad unaccompanied by legal representatives.
Situations when it is necessary to obtain permission for a minor to travel abroad are described in the article “When a child needs permission to travel abroad”.
How to get permission
If it turns out that you need permission from your ex-spouse to travel, you will have to negotiate. It is good if friendship remains after the divorce. A notary will help you arrange the paper.
The document must indicate:
- FULL NAME. son / daughter,
- family ties,
- validity period of the permit,
- the country to which the trip will be made.
Sometimes you can do without a power of attorney from one of the parents. Such cases include:
- Death. Confirmed by a death certificate.
- If a woman has single mother status.
- The whereabouts of the ex-spouse is unknown. Confirmed by a certificate from the Ministry of Internal Affairs.
- If the father or mother of a minor citizen is deprived of parental rights or declared incompetent. Confirmed by the relevant court decision.
What to do if the mother or father is against
If the ex-spouse does not agree to foreign trips of minor children, he can contact the Federal Border Service or the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation. To do this, you must submit:
- statement;
- identity document;
- a notarized copy of the document confirming parental rights.
The ban can be lifted in court. The court will take into account, first of all, the interests of young citizens. If it is proved that the planned trip is harmful to the minor or there is a risk of his non-return to Russia, the travel ban will not be canceled.
Conclusion
The answer to the question whether it is possible to take a child abroad without the consent of the father after a divorce is positive, when one of the parents goes on a trip. In this case, no additional permits are required to leave Russia. However, the requirement for such a document may be put forward by the country selected for the visit. If the former spouse has imposed an official ban on the crossing of the Russian border by underage citizens, the problem will have to be resolved in court.
