DEPARTURE OF MINOR CHILDREN ABROAD IN 2022

After February 24, 2022, the possibility of traveling abroad acquired a new meaning. This primarily concerns the crossing of the border by men aged 18 to 60, in connection with the general mobilization and the obligation to protect the territorial integrity of Ukraine. 

IS IT POSSIBLE FOR MINOR CHILDREN TO GO ABROAD IN 2022? 

The Civil Code, in particular Article 313, provides for the right of a child who has reached the age of sixteen to freely and independently leave the country. That is, after reaching the appropriate age, you do not need to ask permission from the other parent to go abroad with the child.

The main problem arises when the child has not reached the age of 16 and has the right to leave Ukraine only with the consent of parents (adoptive parents), guardians and accompanied by them or accompanied by persons authorized by them, except for cases provided for by law. 

During the period of martial law , children under the age of 16 accompanied by one of their parents, grandmother, grandfather, adult brother, sister, stepmother, stepfather or other persons authorized by one of the parents in a written statement certified by the guardianship authority may leave Ukraine and custody is carried out without the notarized consent of the other parent and in the presence of a passport of a citizen of Ukraine or a birth certificate of a child (in the absence of a passport of a citizen of Ukraine) or documents containing information about the person on the basis of which the State Border Service will allow crossing the state border. However, not everything is as simple as it seems and each case must be analyzed in detail.  

DEPARTURE ABROAD IN 2022 OF ORPHANS, CHILDREN DEPRIVED OF PARENTAL CARE

In order for an orphaned child to cross the border, it is necessary to determine its legal status and move away from it. 

First, these are children who live (stay) in healthcare facilities, educational or other children’s facilities. They can cross the border if they present the notarized consent of the manager of this institution and are accompanied by a person authorized by him. 

Secondly, children who are arranged to be brought up and live together with a foster family. They cross the border in case of presentation of the original agreement on placement of a child in a foster family or its notarized copy and accompanied by foster parents or one of them. 

Thirdly, children who are arranged to be brought up and live together in a family-type orphanage. For them, it is sufficient to present the original contract on the organization of activities of a family-type children’s home or its notarized copy and be accompanied by parent-educators or one of them. 

Fourthly, children who are under guardianship, care by the decision of guardianship and guardianship authorities. Crossing the border in case of presentation of the original decision/order on the establishment of guardianship (guardianship) or its notarized copy and accompanied by a guardian or custodian;

Fifth, children who are under guardianship, care by court decision. It is sufficient to show the court decision on the establishment of guardianship (custody) or its notarized copy and accompanied by a guardian or custodian;

Sixth, children who, in accordance with the guardianship agreement, have been transferred by the guardianship authority to be brought up in the family of another person (foster guardian) until the child reaches the age of majority. Such children may cross the border upon presentation of the original of the specified contract, certified by the signature of an authorized person of the relevant local state administration or city (with the exception of cities of district significance) council, affixed with a seal, or its notarized copy and accompanied by a foster parent.

Seventh, crossing the border by children of whom one of the parents is an adoptive parent/guardian is carried out with the notarized consent of the second parent, indicating the country of departure and the corresponding period of stay in this country, if the second of them is not present at the border crossing point .

GOING ABROAD IN 2022 ACCOMPANIED BY ONE OF THE PARENTS OR OTHER AUTHORIZED PERSONS

Departure from Ukraine of children who have not reached the age of 16, accompanied by one of the parents or other persons authorized by one of the parents with notarized consent, is possible in the following cases:

1) with the notarized consent of the second parent indicating the country of destination and the corresponding period of stay in this country, if the second parent is absent at the checkpoint if:

  • the second parent is a foreigner or a person without citizenship, which is confirmed by an entry about the father in the child’s birth certificate, and who is absent from the checkpoint;
  • in the passport of a citizen of Ukraine for travel abroad, with which a citizen who has not reached the age of 16 crosses the state border, there is a record of departure to a permanent place of residence outside Ukraine or a mark (stamp) of being entered into permanent consular registration at a foreign diplomatic institution of Ukraine or the stay of such a citizen on the permanent consular register is confirmed by an appropriate certificate;

present documents or their notarized copies:

  • death certificates of the second parent;
  • court decision on deprivation of parental rights of the second parent;
  • the court’s decision to recognize the second parent as missing;
  • the court’s decision to recognize the second parent as incompetent;
  • court decision on granting permission to leave Ukraine to a citizen who has not reached the age of 16, without the consent and accompaniment of the second parent;

2) without the notarized consent of the other parent:

Such departure is possible in case of temporary departure from Ukraine for a period of up to one month upon presentation of a decision of a court or guardianship authority or their copies certified by a notary public or the authority that issued them, in which the child’s place of residence is determined (confirmed) with one from a parent who intends to leave with the child or who has authorized to do so with the notarized consent of other persons;

In the case of temporary departure from Ukraine for a period of up to one month or more of a child with a disability, a child suffering from the diseases provided for in part five of Article 157 of the Family Code of Ukraine, upon presentation of such documents or their copies, certified by a notary public or an authority , who issued them:

  • a certificate issued by a state executive service body, a private executor, on the existence of arrears from the payment of alimony (in the event that the total amount of arrears exceeds the amount of the corresponding payments for three months);
  • a document issued by the medical advisory commission of a medical and preventive institution, in the manner and in the form established by the Ministry of Health (in the case when the amount of arrears for alimony is more than three months, but not more than four months).

ISSUANCE OF PERMISSION FOR CHILDREN TO LEAVE THROUGH “DIYA” IN 2022

Permits for children to travel abroad can be issued through the Diya mobile application. This is reported by the Ministry of Internal Affairs of Ukraine on Facebook. “The relevant bill No. 6146 was adopted by the Verkhovna Rada of Ukraine. This means that one of the parents will be able to issue permission for a child under the age of 16 to travel abroad online.

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