The end of spring - the beginning of summer, traditionally the beginning of the holidays. Notary office, queue. Several people are standing in line with their children: “Now, Sonechka, we will certify permission from our dad, and in two days we will fly with you to Cyprus. There’s the sea, slides, palm trees - wow!!” - the mother encourages the tired child. It is worth noting that the cost of such a permit, certified by a notary, ranges from 500 to 1,500 rubles in Moscow.
If the child is traveling with one of the parents
There are rumors all over the Internet that if a child crosses the border WITH ONLY ONE of the parents, going through passport control at the airport or crossing the border on any land transport, it is necessary to provide permission to take the child abroad from the other parent. And supposedly without it, ONE parent can be turned away at the border and not allowed through with the child. It looks like this:
IS IT SO? The law states the opposite: In accordance with the provisions of Articles 20 and 21 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation,” a minor citizen of the Russian Federation, as a rule, leaves the Russian Federation , together with at least one of the parents, adoptive parents, guardians or trustees. In the case of a minor citizen of the Russian Federation leaving the Russian Federation together with one of the parents, consent for the child to travel abroad is not required from the second parent.
ONLY IF If he has not received a statement of disagreement with the departure of his children from the Russian Federation, drawn up in accordance with the requirements of the Decree of the Government of the Russian Federation of May 12, 2003 No. 273 “On approval of the Rules for filing a statement of disagreement with the departure of a minor citizen from the Russian Federation Russian Federation".
In order to avoid conflict situations at checkpoints, we recommend that you independently verify in advance that the other parent has not issued a temporary restriction on traveling abroad for the child. This can be clarified both with the second parent and with the Federal Migration Service, which is responsible for considering applications for disagreement with the departure of minors and maintains their centralized records.
Power of attorney for treatment of grandchildren
One of the most important reasons to obtain written approval of authority for the older generation is to provide timely medical care to the baby. A power of attorney issued for this purpose must be officially certified . Forms and samples for filling out the document are available from the notary.
Thanks to the paper, grandma will have the opportunity to:
- negotiate the provision of medical care, including ambulance;
- hospitalize a grandson;
- obtain information about his condition both verbally and from a medical report;
- take you to the clinic for a routine examination;
- pay for medical services;
- refuse medical intervention in the child’s health.
Departure to Schengen
If you are going on a trip with your child to the countries of the Schengen Union and other countries with visa entry, then you will still have to obtain such consent. But probably not for passing passport control. And to obtain a visa for a child. We recommend checking all the details on how to get a visa for a child at the consulate of the country you are going to travel to, since the rules for obtaining a visa change very quickly and often + different countries have different rules and problems.
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Passport and visa control.
If for travel to some places the presence or notarized consent of only one parent is sufficient to cross the border, then when traveling to countries within the European Union, the consent of both legal representatives will be required.
The specifics of how passport and visa control will take place vary in different countries.
Therefore, before traveling, you should study the legislative acts of the country where you plan to travel.
To do this, you need to contact the consulate or embassy of a state located in Russia.
What if your parents are divorced?
Even if the parents are divorced and after the divorce, equal rights to the child are preserved. No permission to take a child abroad from the other parent is NEEDED if the child is traveling with ONE of the parents, guardians, trustees or adoptive parents. Again, only if no restrictions were imposed on the child during the divorce process. And if one of the parents did not draw up a statement of disagreement with the departure of their children from the Russian Federation, drawn up in accordance with the requirements of the Decree of the Government of the Russian Federation of May 12, 2003 No. 273 “On approval of the Rules for filing a statement of disagreement with the departure of a minor citizen from the Russian Federation Russian Federation". If the child and the parent traveling with him have different surnames, we recommend, just in case, to have a notarized copy of the child’s birth certificate with you.
>>Weekly selections of tours with children.
Power of attorney for visa country
Let us remind you that when requesting a child visa at the Consulate of the country of entry, a power of attorney from mom / dad with a translation is requested in addition to the main package of documents, + be prepared to issue a copy in addition to this.
Cost of power of attorney
The time to issue a power of attorney usually takes no more than 1 hour. The notary has a standard form and if you have a set of documents, you will only need to fill in the information. The cost of a power of attorney is from 800-1500 rubles (depending on the region of residence).
When going through passport control at the border, you may be asked for a power of attorney, and if you don’t have one, consider your trip canceled.
Eventually,
A power of attorney is required only when traveling outside the Russian Federation. Consent is not required upon entry. If for some reason you are delayed and the power of attorney has expired, no one will send you back.
The permission of both parents is required only to obtain a visa, and therefore, draw up a power of attorney for the child’s departure according to the sample. If a travel agency requires a mutual power of attorney for a trip to Tunisia, Egypt, Turkey, talking about some difficulties at the airport, resolutely refuse.
Some European Schengen countries also require consent from two parents. Find out about this in advance. And our neighboring countries, where a notarized power of attorney is required.
Children crossing the border with the Republic of Belarus with documents that are incorrect, in the opinion of Belarusian border guards, risk being sent back.
What are the differences between a power of attorney and a permission?
If a child travels without parents in Russia, then an ordinary travel permit is sufficient, without a power of attorney, the registration of which requires
- Passport of both parents or one of them.
- Passport of grandmother or other guardian.
- Child's birth certificate or passport.
It is wiser to seek help in drawing up a permit document from a notary in order to draw up a full-fledged document confirming the legality of the minor’s trip, family relationships and, most importantly, with the consent of the children’s/baby’s parents.
If the child is traveling with his grandmother or aunt?
Here's another question. If a minor citizen of Russia leaves the Russian Federation unaccompanied by parents, adoptive parents, guardians or trustees, he must have with him, in addition to his passport, a notarized consent of the named persons for the departure of the minor citizen of the Russian Federation, indicating the period of departure and the state (states) which ( which) he intends to visit.
In this case, the consent of ONE of the parents is also sufficient if the second parent has not received a statement about his disagreement with the departure of his children. That is, if you decide to send your child to sunny Montenegro with his beloved Grandmother, then a notarized consent from one person will be enough. Either Mom or Dad.
Temporary guardianship and trusteeship.
A power of attorney is a useful thing, but it is only suitable if the parents leave the child with the grandmother or nanny for a few hours or a couple of days, and for long periods - only until one of the neighbors or employees reports to the guardianship authorities :(. And then the child is urgently removed from the family under the care of caring employees of the shelter.
If the parents cannot care for the child for quite a long time, then the grandmother needs to register herself as the child’s temporary guardian . There are often cases when guardianship authorities take away babies if the mother is in the hospital - even if in fact there is someone to care for the child, for example, a grandmother, aunt, or cohabitant.
The most vulnerable category is single mothers and fathers. Unfortunately, the legislator did not provide for the fact that there are situations when the registration of temporary guardianship must be done as soon as possible. For example, if a parent urgently needs to go to the hospital. Typically, registration of guardianship takes about 2 months, because... It requires quite a significant set of certificates and time for consideration.
In addition, it is not possible for parents to appoint in advance a deputy to perform their duties (the same grandmother, for example), just in case. And this is further proof that the state prefers to raise our children independently, creating loopholes in every possible way so that they can be taken away from their families more often.
So, what is the difference between guardianship and trusteeship? A guardian is appointed for children under 14 years of age, but for adolescents from 14 to 18 years of age a guardian is appointed.
What documents does a child need to travel?
- International passport
- To Abkhazia, Belarus, Armenia, Kazakhstan and Moldova - Birth certificate with confirmed Russian citizenship
(if traveling with one of the parents) - A notarized copy of the birth certificate - if the parent and child have different last names. (Not necessarily, but the editors of Travelbelka have crossed quite a few boundaries and know what they are talking about.)
- Consent from ONE of the parents - if the child is going to travel with third parties, unaccompanied by parents (Grandmothers, Aunts, Brothers, coaches, etc.)
Accompanying a minor.
First you need to decide who can accompany the child on the trip.
A minor has the right to travel with both parents or with one person. If there are permits, the child can be accompanied by a grandmother, aunt, sister over 18 years of age, and other relatives.
If a child must travel outside of Russia accompanied by his mother, then the father’s consent is not necessary.
The exception is situations where a ban on the removal of a child was previously filed. The notification is sent to the customs control authorities. If a minor attempts to cross the border, exit will be denied.
For a child to visit another country, it is necessary to go to court and provide compelling evidence for the trip.
Removal of children without permission
If there is no contact between parents and it is difficult to obtain permission to leave, then you first need to check with the FMS, as mentioned above, whether there has been a statement of disagreement with the departure of your children from the Russian Federation, drawn up in accordance with the requirements of the Decree of the Government of the Russian Federation of May 12, 2003 No. 273 “On approval of the Rules for filing an application for disagreement with the departure from the Russian Federation of a minor citizen of the Russian Federation.” And if everything is in order, you can go to popular visa-free countries:
10 countries for holidays with a child without permission to travel abroad from the second parent
- Türkiye is a paradise for children. Huge hotels with children's clubs, swimming pools, children's menus, teachers and all-day activities
- Tunisia is a year-round resort with low prices
- Cyprus – excellent climate all year round and cheap flights Pobeda
- Thailand is a country where children are almost idolized, where you will be surrounded by care and attention
- The UAE is a popular winter resort with developed infrastructure for the most discerning travelers
- Vietnam is a country where they simply love Russians very much
- Dominican Republic - a tropical paradise, but a long flight
- Cuba - affordable exotic
- Montenegro is a popular European resort
- Indonesia – fabulous Bali
There are, of course, many more countries for entry with a child WITHOUT permission from the other parent to travel the child abroad. Almost all visa-free countries are such. )
