Top 10 countries where you can go with a child without a travel permit

Very often a situation may arise in which one of the parents, for personal reasons (as a rule), refuses to give consent to the second parent to travel (for some time) abroad. For example, the parents are divorced, the baby remains with the mother. Dad serves as an obstacle to the little one resting with his mother, for example, in Turkey. How can we make sure that this doesn’t happen, so that taking children abroad without the father’s permission is completely acceptable? This will be discussed in the article.

Legality of actions

Taking into account the norms of Federal Law No. 114 “On the procedure for leaving the Russian Federation and entering the Russian Federation,” taking children abroad without the permission of the father can be considered legal. The exception is cases in which the second parent expresses his disagreement with these actions in a legal manner, documenting his opinion.

If the child is a minor, then by law he has the right to leave his country absolutely freely, and at least one of his parents (legal representative) must be with him. If the father is silent, then in this case it will be regarded as his consent. When the question arises of obtaining an export permit in controversial situations, they can be resolved exclusively in court.

Taking children abroad without the permission of the father from Russia can be considered resolved according to all legal canons. Some difficulties may arise when entering another country, the legislative framework of which requires the presentation of a permitting document from the second parent. Therefore, the right decision would be to thoroughly study the rules of entry into another country before going there on vacation or on business. You can come for a consultation with a lawyer, who will first be able to suggest a list of documents that will be needed when crossing the border, and then help them prepare them legally correctly.

If the parents are divorced, do you need permission to take the child abroad?

The fact of divorce of spouses and separation of parents does not deprive them of their rights and responsibilities in relation to their common minor child.

After a divorce, each parent has the right to take part in raising their joint children, unless a restriction on this right is established by the court.

This also applies to traveling abroad. But the consent of a parent living separately after a divorce for the child to leave the Russian Federation is not required.

However, when entering another country, passport control may require such permission. It is formalized by a notary.

Most frequently asked questions

It just so happens that mothers deal with issues of obtaining permission from the baby’s father to a greater extent. And frequently asked questions contain concern that, for example, the parents have been divorced for several years, the father does not take any part in the child’s life and does not make contact. And how, in this case, either get permission from him, or go on vacation with the baby without it?

Taking children abroad without the father's permission (the responsibility in this case is really significant) can be carried out on the basis of a court decision: the father objects or does not show himself, then the necessary document is drawn up by the judicial authority. The mother goes to court with a statement of claim, which reflects the issue of allowing the minor child to temporarily travel abroad.

What to do if a parent does not give permission

Art. 61 of the RF IC provides for equal rights of parents in relation to their common child. A parent who does not leave the territory of the Russian Federation has the right to file a disagreement regarding the child’s departure abroad. An application for a ban can also be submitted when it is not required (that is, traveling to countries other than the Schengen area).

In this case, the parents challenge the decision in court. It is important for the moving party to prove that the other parent is abusing his rights and that there are no real reasons for refusal.

A statement of claim for permission for a minor child to travel abroad is subject to consideration by district courts and is filed at the place of residence of the defendant.

Statement of claim

The claim must be drawn up taking into account the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. There is no single sample application for permission to leave a child, so when drawing up a document you need to be guided by the general provisions from the listed articles.

The claim must reflect:

name of the court, address of the judicial authority;
Full name of the plaintiff, defendant, their registration addresses and actual location (phone numbers if possible);
description of the circumstances of the dispute and prerequisites: date of marriage, date of termination of marriage, information about the birth of children;
description of the grounds for the child’s departure abroad. If a child has recommendations for leaving for treatment or prevention, it is better to attach copies of these documents to the claim, describing the situation in the application itself;
a description of the obstacles that the second parent creates and the justification for their harm to the child;
requirement for exit permission;
list of documents;
signature and date of the application.

The claim is submitted in writing (preferably in print) to the court personally by the plaintiff, or sent by registered mail. Within 5 days, the judge accepts it or issues a ruling with a list of shortcomings.

When drawing up a statement of claim on your own, it is best to seek the advice of experienced lawyers, since a couple of missed nuances may result in the return of the entire package of documents.

Sample

The example presented describes only one of many possible situations. The complexity of the case increases many times over when the reasons for the ban on the child’s departure by the second parent are conditionally objective in nature and require careful analysis and challenge.

You can use this sample to prepare your own claim, but be sure to consult with a competent family law lawyer.

Documentation

The following must be attached to the claim for permission to travel abroad for a minor:

A copy of the claim for the other party.
Copies of passport, marriage and divorce certificates, child birth certificate.
Documents supporting the departure: a copy of the travel voucher; medical indications for treatment, etc.
Information about the disagreement of the second parent (father) to the child’s departure - a copy of the ban, a response from the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, etc.
Other documents, the provision of which may be determined by the situation.

State duty

When applying to the courts with claims to protect the rights of minors and in their interests, the plaintiffs are subject to exemption from paying the fee. This rule is enshrined in clause 15, clause 1, art. 333.36 of the Tax Code of the Russian Federation and applies in full to claims for permission to travel outside the Russian Federation.

If the claim is satisfied, a fee of 300 rubles will be collected from the defendant.

Important! It is better to indicate in the claim (above the heading on the right) that the plaintiff is exempt from paying the fee. Due to the high workload, court staff may consider the claim filed without a fee and transfer it to the judge with the appropriate note.

Many or few?

Based on experience, we can say that in most cases, permission for a child to leave his native country can be granted for a certain period of time, indicating a specific country and accompanied by either one of the parents or another responsible person.

It is much less common to obtain a court decision to allow a child to travel abroad until he reaches the age of sixteen. Such decisions are usually made if the location of the defendant is unknown, or he constantly avoids issuing his ex-wife permission for the child to leave the country, which was certified by a notary.

Lawyer's answers to frequently asked questions

Is it possible to take a child out if the parents are divorced, but there is no corresponding stamp in the passport?

If the parents do not have any disputes regarding permission, then, accompanied by one of the parents, the minor can leave the state at any time. Divorce does not affect the right to leave.

We are divorced, the father wants to take the child to England for the holidays. Can he take my son without my permission?

The parent has the right to take the child out without the permission of the other parent, so you need to submit a statement of disagreement with the departure to the Ministry of Internal Affairs. In this case, at the border the minor will simply not be allowed to leave the state.

How to cross the border?

Children who have not yet reached the age of sixteen can leave the country with the consent of both parents and accompanied by them (or accompanied by a person (persons) authorized by them and who have reached the age of eighteen).

If the accompanying person is a parent or a person authorized by him (in this case, a notarized consent will be required), then the child can leave with the consent of the second parent, certified by a notary. Moreover, the document must indicate the name of the state where the child will go, the time period of stay there (this is if the second parent is not indicated at the checkpoint).

From the above, it is clear that the law requires obtaining the father's consent. But there is still a way out of this situation, and taking children abroad without the father’s permission is quite possible. A court decision can help.

But to obtain such a decision, the mother will need to prove through the court the need for the child to periodically travel abroad - for his health, recreation, development, both physical, moral, and spiritual.

Power of attorney for the removal of a minor child

If a child goes to travel not with both parents, or with one of them, but with other persons, he must have a power of attorney from his parents for the right to travel abroad.

Such a power of attorney is drawn up in the presence of the father and mother. The power of attorney indicates not only information about the child’s parents (last name, first name, patronymic and passport details), but also the country where the child is traveling, and its official name. For example, you cannot travel to the “Asia-Pacific region” or the “Caribbean countries”. You need to indicate, for example, Cambodia or Panama.

You need to understand that the power of attorney is issued only for one trip.

The registration conditions are simple:

the power of attorney is subject to mandatory notarization;
translation of the power of attorney is necessary;
the signature and seal on the power of attorney is certified by an apostille.

The power of attorney must indicate specific terms, which will be the term of the power of attorney.

Required documents

There is a certain list of documents that will be needed:

a copy of my mother’s passport, a copy of the certificate of her identification number;
a copy of the baby's birth certificate;
certificate (original) from the place of residence stating that the child lives with his mother;

receipt of payment of the court fee;
if available, then a copy of the marriage certificate and divorce certificate from the defendant, that is, from the second parent (in this case, the child’s father is meant).

If you have this package of documents, you can go to court.

When it is impossible to provide permission to leave from one of the spouses

It is not always possible for a mother or father to provide confirmation of departure from their ex-spouse.

Such cases are listed in the legislation of the Russian Federation and require the provision of a document indicating the impossibility or difficulty of providing consent to leave:

If one of the parents has died or been declared dead by the court, then a death certificate must be presented.
In case of uncertain location. A document stating that a parent is considered missing is issued by the court or, if there is no court decision, by the Ministry of Internal Affairs on search activities against the citizen.
If the parent is under arrest. Consent to departure can be given by the head of the colony (Article 185.1 of the Civil Code of the Russian Federation).
If one of the parents is incapacitated. Consent in this case is not required, since the citizen cannot account for his actions, but this fact must be confirmed by a court decision.
Permission is not required in case of deprivation of parental rights. If one of the parents is reinstated, his consent will be mandatory.

Useful tips: part one

In order to obtain legal permission for a child to periodically (for a certain period of time) travel outside the country, you will need to take several steps. To begin with, a statement of claim is drawn up, which indicates a request to provide the mother with: permission, excluding the consent of the father, to draw up documents for temporary travel or accompanying the baby outside the country; permission to take a child out of the country, excluding the permission (or consent) of the child’s father.

Then you must pay a court fee - 2/10 of the minimum wage. This can be done at any bank branch. This receipt must be attached to the claim.

A statement of claim with all necessary attachments is submitted through the court office; the second copy will be intended for the defendant (the baby's father), and the third - for the mother - the plaintiff.

Mom must take part in court hearings. She will be notified of the time and place of their holding by summons or SMS messages to the contact number or address for correspondence that she indicated in the claim.

Mother's actions when father disagrees

Clause 1 of Article 61 of the Family Code states that all family members bear equal responsibility and rights for their children. The situation also applies to crossing the Russian border accompanied by parents.

In Art. 21 of the Law of the Russian Federation provides for a clause that establishes the disagreement of close relatives to take a child abroad. You can appeal his decision in court. But the wishes of relatives should not violate the Convention on the Rights of the Child, Art. 31.

Articles 61 – 66 of the Family Code establish the rights and responsibilities of parents in relation to minor children, including the departure of a child under 18 years of age outside the Russian Federation. The parent who does not live in the family with the child bears equal responsibility for his upbringing, development, and expresses an opinion regarding planning vacations, entertainment and trips abroad.

Note! Disputes about the father’s disagreement with the child’s departure are considered in court.

Useful tips: part two

After all, the mother needs to obtain a court decision to enter into legal force. And when border control is carried out, at all checkpoints it is required to present a court decision authorizing the removal of the child directly with identification documents.

If the defendant wants to appeal the decision of the local court, then the mother must take part in the consideration of the complaint in the appellate court until the latter makes a decision. And then she receives the appeal decision and can completely calmly go on vacation with the baby.

If the whereabouts of the father are unknown.

There are situations when the whereabouts of the father are unknown, and the mother needs to apply for a visa to a country where the permission of both legal representatives is required.

In this case, you will need to confirm this fact. To do this, the mother must present one of the following documents when completing the paperwork:

a certificate from the Ministry of Internal Affairs stating that his whereabouts are unknown;
a court decision that a citizen is considered missing.

To obtain a paper from the local police department, you must first contact them with an application to search for a citizen. If its location cannot be determined, a corresponding certificate will be issued.

Is it necessary or not?

In order for the mother to be able to freely first export the children abroad without the father’s permission, she will not need a document from the father to return to Russia later (after a vacation or treatment of the children, for example). In exactly the same way, mother and baby (or children) will be able to go to Italy, Greece or Egypt, without begging the ex-husband to consent to their removal.

There are some conditions for traveling abroad with children, which have long been agreed upon with some countries. Mom needs to know these rules so that there are no unpleasant surprises later.

Obstacles may arise if the mother decides to travel with the baby (or children) to England, the USA, Canada and countries included in the Schengen zone. That's when permission will be required. In this case, the removal (of the child, if he needs to rest or receive medical treatment) can be carried out without hindrance.

Registration of travel for permanent residence with a child.

In the case where the mother has established deadlines and time frames for obtaining permanent residence in another country, it is necessary to start processing the documents as early as possible.

The trial could drag on if government officials have questions.

How can you apply for permanent residence without your father’s consent? To do this, you must justify your decision and its significance for the minor. In addition, you will need to prove to the court that the terms of communication and upbringing of the child by the second parent will not be violated.

It should be noted that when resolving a dispute, the judge listens to both sides. A parent who does not agree with the move may have serious reasons for this.

For example, he may not have the opportunity to see a minor due to the high cost of tickets to the country, etc.

In order to avoid problems and have a better chance of success, it is recommended that you contact a qualified lawyer.

He will tell you what documents are required for a child to travel abroad, and how to draw up an application to obtain permission from the second parent.

We are going to the CIS countries and even further...

Even if the parents have separated, a small (and not so small) child needs annual rest or, in the case of a serious illness, periodic treatment. How to take children abroad without the father's permission? This question, no matter how much my mother studies the documents and the rules for their preparation, still remains one of the most pressing for her. If the trip is in the CIS countries, then a power of attorney from the father will not be required. The removal (the child, unfortunately, in these situations acts as a stumbling block in parental disputes) can take place without her. If the child goes alone, or accompanied by relatives, a teacher, or a coach, then the consent of his mother will be required.

It is better to get a foreign passport for the child, but a birth certificate will be useful in order to confirm the relationship between mother and child if, for example, they do not look alike: the mother is fair, and the son is black-haired and dark-skinned. You will also need to confirm your relationship if the mother and child have different surnames.

The power of attorney for the removal of a child in 2020, in general, is no different from previous ones. Some fathers do their best to prevent their children from crossing the border. Mom can go to court, but her application must be accompanied by evidence. And for this she needs to obtain a waiver from the consulate of any country. It is also necessary to contact the guardianship authorities: they are the ones who will warn the parent that his actions violate the rights of the child, and the guardianship authorities will defend these rights in court.

The court proceeds from the fact that the father abuses parental rights and does not allow the child to move freely. Therefore, a decision will be made obliging him to provide a written power of attorney to remove the baby. And if necessary in the future, then these documents will be the evidence base for depriving the father of parental rights.

In this case, taking children abroad without the father’s permission will be carried out without hindrance: the mother will only need to provide a court decision, certified by a notary. Then, when issuing a visa, consulate officers will know that the mother is the only and full parent of this child.

It is possible not to agree with the father on the right to take the child abroad even if the child disappeared and the search for him did not lead to anything. The mother will be able to single-handedly plan and arrange trips abroad with the child (or children) in accordance with a police certificate or the court recognizing the father as missing or deceased.

What is the procedure for taking children abroad?

Before traveling to another country with a child, you should familiarize yourself with the nuances of the legislation. The procedure for crossing the border is regulated not only by Russian laws, but also by regulations of the country that the citizen intends to visit.

The following regulations are in force in the Russian Federation:

Law of August 15, 1996 No. 114-FZ;
Order of the Ministry of Internal Affairs of Russia dated February 11, 2019 No. 62;

As a general rule, if a child under the age of 18 travels to another country with one of the parents, permission from the other is not required. At the same time, the father has the right to express his disagreement by submitting an appeal to the unit of the Russian Ministry of Internal Affairs that oversees migration issues. After registering the application, the information is transferred to the Russian Border Guard Service.

Each foreign country has its own legislation regarding the entry of children. Most Schengen countries require consent for a child to travel abroad from both parents. In the CIS countries, you only need a birth certificate or a child’s passport. The permission of the second spouse does not need to be presented.

Important! You can find out about the rules for entering a foreign country at the embassy. If it turns out that permission from your ex-spouse is required, you should visit a notary office and draw up the document.

The procedure for obtaining consent for the departure of a child

If you need the consent of the second parent for the child’s departure or mutual permission to organize a trip abroad, the document will need to be attached to the package of visa papers or presented to the border guards at passport control. Now you need to understand the registration procedure.

Such consent is drawn up in a notary office in the personal presence of the party from whom permission is required. He can draw up the document alone if he has information about where and for how long the child is being sent, and other data that must be entered when filling out the papers. The design algorithm will be as follows:

Contact any notary office.
Write a statement using the sample.
Provide the necessary documents.
Pay the state fee.
Wait for official consent to be issued.

Within the prescribed period, a document will be issued that will allow the minor to travel abroad without any problems. It must be confirmed by the seal of the issuing organization and the signatures of officials.

Important! When you receive the paper, verify all the information and check it for errors. If errors are discovered at the border, the child will not be released, no matter how persuasive the representatives of the border services are.

Dad's permission for a child to cross the border

Life situations develop differently, and the need to obtain permission from the father for the child to travel abroad sometimes turns into a big headache for the mother. The father may interfere for personal reasons, for the purpose of revenge, or he simply cannot be contacted. Depending on the situation, the mother’s actions may be different:

Sometimes, for example, a father does not agree to a child traveling abroad because he considers the trip logically unjustified and even harmful for the child. Flying is a certain stress for a child’s body. The situation is especially aggravated if he has health problems. In this situation, you should try to come to a peaceful agreement by talking calmly, and if the spouse’s actions are not justified, you can resolve the issue in court, proving that the trip is really necessary and the father’s obstacle is groundless.
The father can do the same if he suspects that the mother wants to take the child away forever and limit communication with him.
Sometimes negligent fathers, especially ex-spouses, simply manipulate this situation, demanding money from their mother. Such situations are not uncommon. Here you should think about depriving him of parental rights, if he really does not participate in the child’s upbringing and even interferes, or pay off.

Important! Termination of parental rights will require compelling reasons.

If you do not keep in touch, or the man is only officially listed on the baby’s birth certificate, he is hiding, etc., the only way out is to obtain permission through the judicial authorities, explaining the current situation and proving the need for the trip for the child.

Thus, if there are no problems with obtaining consent, and the legal father does not prevent the child from leaving, he can draw up the paper himself, or we can do it together. When the situation becomes more complicated, the case has to be resolved in court, which takes quite a lot of time, so this issue needs to be addressed in advance.

Laws often do not take into account the internal relations of father and mother; they are designed to protect the equal rights of both parents to the child, which is why it is necessary to obtain a parent’s permission for the child to travel abroad with the other parent.

Mother's permission for child to cross the border

When planning a visit to foreign powers, you should remember that Russian migration rules may have many differences from those accepted abroad. The question arises especially acutely if a child is going on a trip without his mother, the most important person in his life. Mom's permission, as well as dad's, will be required in the following cases:

If the child travels with dad. It doesn’t matter whether everyone lives together, the parents are divorced, or the child lives only with the father - here the situation is similar to that described above.
If a minor travels with close relatives (consent will be required from both parents).
If children travel as part of an organizational group (in this case, it is necessary to issue a power of attorney for the leader and permission for the minor to travel from both parents).

Children most often live and travel with their mother, so this issue is less relevant. Problems can arise only in cases where the mother, similar to the situation with fathers, lives separately from the child, in every possible way prevents his departure, does not take part in his life, or goes into hiding.

Important! Mom and dad, in the face of the law, have the same rights to the child, regardless of who takes more part in his upbringing.