What is consent to take a child abroad?
In legal terms, consent to take a child abroad is a statement in which one or both parents give their consent to the child’s travel abroad.
According to the legislation of Ukraine, a citizen who has reached the age of 16 years can travel outside the country individually. Children under 16 years old should be accompanied by their parents or people who have received permission from their parents. A child can travel with one of his/her parents, close relatives, group leaders, and representatives of a travel agency. Every time, you have to execute a consent to take a child abroad.
A consent to take a child abroad is issued only by a notary public. This formal procedure prevents the unwanted taking a child abroad, including kidnapping. The measure makes it possible to protect children, and also respects the rights of each parent.
A consent to take a child abroad is required only for the citizens of Ukraine. If the children have a citizenship of another country, the border guard of our state do not require such a consent.
A notary consent to take a child abroad is also necessary if one of the parents is travelling with a minor child. This requirement shall also be applied to married spouses.
There are cases where no consent is required:
- one of the parents is a foreign citizen;
- alimony payment is in arrears for more than 4 months;
- when travelling abroad for permanent residence, a parent should have a note of registering with the consular authorities in his/her passport.
Another innovation: from August 29, 2019, a child can travel abroad with the parent he/she lives with. The trip should not be longer than 1 month. The parent should have a decision of the court or guardianship authority regarding the residence of the minor child with one of the parents. In this case, before the trip, a mother or a father notifies the other parent about the upcoming trip with a child.
If one of the parents does not give a consent to take a child abroad to the second one or whereabouts of one of the parents is unknown, such issues are resolved in court. If the decision is held by the court, this decision should be available when crossing the border.
How to execute a consent to take a child abroad?
The statement is made by a notary. If one parent leaves, a consent to take a child abroad is issued on behalf of the second. If it is a trip with an accompanying person or some relatives, a general consent is executed from both mother and father. It is possible to draw up 2 consents if for some reason the parents cannot visit the same notary at the same time, for example, the father is on a business trip.
To issue a consent to take a child abroad, it is necessary to provide a travel route, the dates of the trip, and the data of the accompanying person.
Passing through the border is made only according to the original consent.
How long is the consent valid?
The consent validity is determined individually. A new consent is necessary for the next trip. In most cases, the consent term is limited by the trip duration. If you go abroad for tourism, the consent validity ends with the end date of the trip. The dates are indicated in the consent and certified by a notary.
Sometimes, a consent to take a child abroad can be issued for a number of trips or for a long period. Most often, such a consent is requested by parents whose children are going to study, treat or compete abroad.
A legal document drawn up by a notary confirms the legitimacy of the upcoming trip. Applying for a consent on a special form makes it possible to avoid unwanted cases associated with a child’s illegal going abroad.
It should be recalled that for travelling abroad a child should have his/her own international passport. This document is issued even for new-born children. The validity of such a passport is limited to 4 years until the child reaches 16 years. After 16 years, the underage children, are issued an international passport for 10 years’ period, as well as adults.
Where can I make a consent to take a child abroad?
The law of Ukraine establishes that a consent to take a minor child abroad should be drawn up by one or two parents in writing. The notary confirms the legitimacy of the consent, certifies the identity of the child's parents. The consent is drawn up on a special form.