The migration legislation of most countries of the world obliges to provide a notarized power of attorney for a child when crossing the border with a third party. The document is drawn up by the parents at a notary, for one person. To avoid conflict situations, it is recommended to issue a permit when traveling abroad with one parent, when his surname does not coincide with the child's surname.
What is a child power of attorney to leave
Power of attorney is a document certifying parental consent for a child to cross the state border and confirmed by a notary. According to Russian law (114-FZ), the legal representative is not obliged to additionally confirm the right to freedom of movement with the child, so most often the paper is needed in case of conflicts between parents or a trip with a third party.
The document will also come in handy when registering Schengen and other European visas for a child. The difference between a receipt for a visa and a power of attorney at passport control is that in the first case, a handwritten note in free form with a signature is often sufficient, while in the second, notarial confirmation is required.
In what cases is it necessary to draw up a power of attorney
So, a full-fledged notarial power of attorney will be required in the following cases:
- Departure with a distant relative, friend, coach. It is advisable to make the document at the stage of visa processing. When leaving with an accompanying minor, you will need your passport;
- Tensions between father and mother... Either parent can issue a temporary restriction, prohibiting the teenager from leaving the country;
- Different surnames in the family. The issue can be resolved either by a certified copy or original of the birth certificate, or by a power of attorney from the father in the name of the mother.
When traveling with a single parent, permit requirements depend on the laws of the host country. The question needs to be clarified in the representative office of the country of destination when applying for a visa. If we take the general practice, then when applying for a Schengen, Canadian and American visa, the consulate will definitely want to see the document. The border guards of the CIS countries in the presence of a parent will only need a birth certificate of a teenager.
Important! A power of attorney does not allow you to leave the country with an exit restriction, but may be the basis for its withdrawal. If the mother is absolutely against the child's travel abroad, the father can appeal the ban in court.
A teenager cannot cross the border unaccompanied. 114-FZ, which regulates the procedure for the departure of children from the country, directly states that children are prohibited from leaving the country independently without legal representatives. Neither the presence of a passport with a visa, nor permission from both parents will be an exception to the rule.
Procedure for issuing a power of attorney
The document is drawn up in a notary office at the choice of those leaving. To travel outside Russia, it is enough to obtain permission from either parent: according to Russian law, both father and mother have full parental rights. The procedure will take several tens of minutes, plus the waiting time in the queue.
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The notary will need the following documents:
- Original birth certificate;
- Civil passports of one / both parents;
- Parent's marriage certificate, if the surname differs from the child's surname.
Information about the times, countries of transit and destination is also entered in the form, you should prepare in advance to answer these questions.
Requirements for a power of attorney to leave a child
An exit permit for passport control must be issued in a standard form and notarized. The presence of the child and the person for whom the permit is issued is optional, the parents must be present in person.
If one of the legal representatives is dead, missing or deprived of rights, the second is obliged to provide supporting documents. From the accompanying person, passport data are required, from the child - a birth certificate (up to 14 years old) or a passport (from 14 to 18).
A sample of certified consent looks like this:
Important! The document must be translated into the language of the country for which it is drawn up. Check the details at the embassy before applying for a visa.
An example of a translation into English can be downloaded here.
The power of attorney can be issued for any period, starting from 24 hours. It is best to take a period of time with a margin - if the accompanying document expires, the child will not be allowed across the border and the parent will have to pick him up.
In the event that it is necessary to issue a "perpetual" permit, the date of expiry by the child's majority should be recorded. According to the legislation of the Russian Federation, at the age of 18, a citizen acquires full legal capacity, and all such documents become invalid.
Relative terms like "until the expiration of the passport" are illegal, the document should be limited to a specific date (114-FZ, article 20). Specifying several regions in a power of attorney is not prohibited by law. However, embassies often require a separate receipt for each country, this is true for most Schengen states.
Cross powers of attorney
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The issuance of Schengen visas or permits for some countries of Eastern Europe can lead to the following problem: parents are issued a multivisa for six months or a year, and a child is issued a single entry visa for a short period. To avoid a problem, a mutual receipt is issued for the desired period of validity of a child visa. As a result, the Bulgarian or Croatian bureaucracy, when issuing a permit, will be based on the terms in the document.
Important! Such a "cross exchange" will definitely be needed when traveling to France. Even if one of the parents stays at home, the other is still obliged to write a power of attorney for him.
The cost of issuing a power of attorney
You will have to pay at the notary three times:
- For the execution of the document;
- For a personal signature;
- For printing.
The validity period or the number of states entered in the form should not affect the price. The cost of registration varies within from 1000 to 1500 rubles.
Most notaries do not agree to enter several countries on one document, citing frequent refusals from embassies or incomprehensible "norms". This is only partially true: according to Russian law, you can enter at least a couple of dozen destinations, but it will be really more difficult to obtain a visa for such a document.
It should be borne in mind that it is beneficial for a notary to issue five receipts instead of one, and he will offer this option even where the consulate allows one permit to be dispensed with.
Special cases
What to do if the child urgently needs to go abroad, and the second parent is not available? For most of such cases, a document confirming the absence is enough:
- If the father or mother is not alive, you must have a death certificate with you;
- Father unknown? A copy of the birth certificate with a dash in the place of the father or mother will resolve the issue;
- If the second parent is missing, confirmation can be obtained through the court or the department of the Ministry of Internal Affairs;
- Upon termination of parental rights, a copy of the court order is required.
Registration of permission with a notary is a rather ad hoc procedure that is required when a number of conditions coincide or for entry into some countries.The document will not be useful in nine cases out of ten if the family travels abroad in full force and bears the same surname. To clarify the details in non-standard cases, it is recommended to contact the consulate of the country to which the trip is planned.
