How to take a child abroad if the parents are divorced

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What it takes to travel with a child to a foreign country

A person who intends to export a child abroad after divorce should collect and prepare the following documents:

• Documentation required to obtain a visa (the list is specified in the diplomatic mission or consular office of a foreign State in the territory of the Russian Federation);
• The documents necessary for the child ' s removal from our country;
• The documents required by the host country (international State) for entry.

1. Visa documents

Before obtaining a permit to export a child abroad, a person who intends to travel with the child must take care of the issuance of a visa for him or her.

A visa is not required for entry into certain countries for the duration of the stay or if the travel time of a foreign country is not exceeded by the number of days prescribed by law, for example:

1. Brazil (up to 90 days);
2. Serbia (30 days);
3. Cuba (30 days);
4. Colombia (90 days);
5. Belarus;
6. Abkhazia;
7. Turkey (60 days) and some other countries.

In others, such as the Schengen countries, a visa will be required and it should be issued in advance and, as a general rule, the following documents will be required:

• A child ' s foreign passport;

• Statement of the questionnaire;
• A certificate of dissolution of marriage;
• Notarized consent to the child ' s removal abroad from a parent who remains in Russia;

• Photographs of the minor;
• Insurance policy for children travelling abroad;
• Certificate from the place of study;
• An invitation from the host country or a tourist trip;
• Fingerprints are mandatory for children over 12 years of age;
• Other documents.

2. Documents for departure of a minor from the Russian Federation and entry into a foreign country

In order for a child to legally leave the Russian Federation, he or she must be issued with a passport abroad, since this is the basic document that identifies the identity of a Russian citizen upon his or her entry or departure from our country (art. 7 of FZ No. 114 of 15 August 1996.....................................................................................

By virtue of article 8, paragraph 4, of the Labour Code, no. 114, a child ' s foreign passport is issued on the basis of an application addressed to the Ministry ' s internal affairs department, at least to one of the parents, adoptive parents, guardians or guardians.

The application for a foreign passport may be submitted by:

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With regard to the documentation necessary for the child ' s entry into the territory of a foreign country, its list is determined by the legislation of that State and it is necessary to specify it in advance at the embassy or consulate of the country in the territory of the Russian Federation.

In which cases authorization is required

According to article 20 of FL No. 114, permission to export a child abroad would be required if a minor left the Russian Federation with third persons (i.e. not with the first of the parents or adoptive parents).

If a person who has not attained the age of majority travels abroad with at least one of his or her parents (or adoptive parents, guardians, etc.), authorization will be required only if the law of a foreign country so requires; for example, when a State has acceded to the Schengen Agreement, such consent is required.

What if the other parent is against the export

However, article 21 of FL 114 states that another parent remaining in the Russian Federation, another adoptive parent, guardian or guardian may well submit an application for opposition to the departure of a minor outside the Russian Federation.

The application shall be made in accordance with the procedure laid down in Government Regulation No. 273 of 12 May 2003..................................................................................................

1. An dissenting parent or legal representative submits an application to the Ministry ' s Department of Internal Affairs at his or her place of residence or to the border control authority, and if he or she lives permanently outside Russia, to a diplomatic mission or consular office;
2. The statement is written by hand or on a computer;
3. The application is accompanied by a document confirming the applicant ' s identity, as well as notarized copies of documents indicating the applicant ' s relationship to the child to be prohibited from leaving;
4. This application will not be considered if there is a court decision in force to allow the child to leave the Russian Federation.

If the parent has filed such an application, the second person who intends to remove the child has the right to file a complaint with the court; in the present case, it is up to the court to decide whether to allow the parent who intends to leave to do so with the child or not.

A parent who wishes to prohibit departure is obliged to provide the court with strong evidence of the validity of the prohibition; for example, proof that a parent who intends to travel abuses his or her parental rights, suffers from alcoholism, drug addiction, or is unable to properly care for a child while travelling to a foreign country.

In order to avoid possible legal disputes, an agreement between the parties on the procedure and conditions for the departure of a minor should be submitted in the course of the divorce; if the court decides that such an agreement does not substantially interfere with the interests of a minor, it will be reflected in the final decision of the court on the divorce.

How to know if a ban on leaving the Russian Federation is worth it.

The law in force does not make it mandatory for a parent or legal representative who has submitted an application for prohibition of departure to notify another parent in writing.

Therefore, in order to eliminate possible problems abroad and forcibly return a child to Russian territory under the Hague Convention on the Civil and Legal Aspects of International Child Abduction (1980), it is necessary to know in advance whether such a declaration exists.

Since the application can be submitted either to the border control authority or to the territorial division of the Ministry ' s Ministry of Internal Affairs, the relevant requests should be sent to both bodies, and if the other parent lives in a foreign country, the request should also be sent to the diplomatic mission of that country.

You can send a request:

What to do when it is necessary to obtain an export permit in individual cases

If the law of the country of entry requires thatauthorization for the child ' s export abroadthe consent or authorization of the parents or legal representatives, and the person who is obliged to write such a permit has died, disappeared or is serving a sentence in places of deprivation of liberty, the following solutions:

• If the person required to obtain consent has died, a death certificate must be issued to obtain a visa or directly upon entry into a foreign country instead;
• If the other parent is missing and his whereabouts are not known, an extract from the court ' s decision declaring him missing shall be made;
• When the other parent is in places of deprivation of liberty, he writes the consent and gives it to the director of the correctional facility, who has the right to certify the relevant documents in accordance with article 185.1. of the Criminal Code of the Russian Federation;
• If the other parent, in accordance with the court ' s legally binding verdict, has been declared incompetent, the authorization is not required at all, since such a citizen, by virtue of article 29 of the Criminal Code of the Russian Federation, is unable to understand the meaning of his or her actions and to direct them (the legally authorized citizens may consent to leave).

Do you need the consent of the 2nd parent if his parental authority has been revoked?

All cases in which parents may be deprived of their authority over a child are indicated in article 69 of the Code of Criminal Procedure.

Such cases are always heard by the courts (art. 70, para. 1). If the court decides on the deprivation, the deprived citizen will lose all his rights based on a relationship with a minor (art. 71, para. 1) but will be obliged to pay alimony and otherwise maintain his or her child.

Accordingly, if permission to leave is required, the visiting parent shall, in lieu of consent, provide an extract from the court ' s decision to deprive the other parent of his or her rights with respect to the child.

So, if the parents are divorced, it has no effect on the possibility of the child being removed or not taken out of the Russian Federation. Consent from another parent is required if, for example, the laws of the country of entry so require. If the parent does not agree to the child ' s departure, the matter will be decided by a court of law.

Read also:Can you go abroad if you have a loan?

2018, All about finances, all rights protected, copying of material only with author ' s permission.

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Permission to travel a child abroad in the event of a divorce

In order to avoid misunderstandings and problems at customs, it was important to know whether children needed a divorce permit.

Under Russian law, divorce of parents is not an obstacle to the free movement of children with one of them in 2023.

Every parent has the same rights with respect to his or her child under article 61 of the Family Code (FRC), even if the spouses are divorced.

Thus, each parent has the right to be informed of any events that take place with his or her children, including knowing their whereabouts, even if the divorce is under way or after the divorce.

In order to travel abroad with children after divorce, it would be better to have special permission for this journey from the mother or father, guardian, adoptive parent or guardian remaining in Russia.

The same rule must be observed if the minor is accompanied by a close relative or a third person (the aunt, uncle, friend of the family, teacher, etc.).

A permit from both parents is required.

This requirement is reflected in articles 20 and 21 of Federal Act No. 114 on the procedure for the departure and entry into the Russian Federation. Border guards have the right to detain a person who leaves with a minor in order to verify the existence of an exit ban; this authorization is mandatory for the countries of the Schengen Agreement.

The Hague Convention

The Government of Russia, by signing the Hague Convention agreement in 1980, approved the provision in force if an exit permit had not been issued.

Children travelling abroad accompanied by an adult without the consent of their spouse, who have the nationality of another State, return to Russian territory at the first request of the second parent.

Even if there was a divorce.

A number of standard documents for children travelling abroad:

Children ' s papers

• A child's visa, if the children are not inscribed on the passport of one of the parents with whom they will travel abroad (on how to put the child in the parents' foreign passport), is required by reference.
• An application for a child's visa with the signature of both parents.
• The consent of the second parent remaining in Russia, certified by a notary.
• A divorce certificate.
• Photos of children on paper.
• Health insurance.
• Fingerprint registration, which is reflected in the issuance of a visa, is necessary for children to reach the age of 12.
• A certificate from an educational institution.
• Official invitation of the host in the name of the traveller if there is no tourist trip.

• The originals and photocopies of these papers are needed for customs control.
• There are additional requirements for a country ' s consulate to travel with children, such as to China, the United Kingdom or New Zealand.
• You might be interested to know if you need a separate international passport for a child to travel abroad.
• Any copies of the documents shall be confirmed by the notary.
• Read more about the issuance of documents for children to travel abroad.

What it takes to issue a child visa for China, Great Britain, New Zealand

Country	Requirements
China	Cerocopies of each parent ' s civil passports
Great Britain	Visit by a child under the age of five to a visa centre to create a photograph
New Zealand	A copy of the internal passport of the parent not leaving with the children, as well as a copy of his birth certificate
Schengen countries	The authorization must be in the hands of the person accompanying the child.

How to issue a permit for the removal of a child abroad after divorce

1. In the process of dissolution of marriage (and in the event of divorce), a prior agreement should be reached with the former spouse and a written authorization should be obtained from the former spouse to cross the Russian border with the minor.
2. In the course of divorce, it is still appropriate to determine the procedure for leaving Russia with one of the parents.
3. The agreement will be reflected in the divorce court ' s decision and will greatly facilitate further relations between divorced spouses.
4. An exit permit (provided that the parents are divorced) from the father or mother not taking part in the journey shall be drawn up in the presence of the notary, certified by him and shall reflect the following particulars:

• A child ' s birth certificate or a passport if the child is 14 years of age.
• Information from the passport of the accompanying citizen ' s children.
• Data from divorce documents.
• Name of the State to which the minor is travelling.
• The period in which the children go.
• The period of time for which the authorizing party approved the visit.
• Words of consent to the trip.

The authorization shall only be written on the form in the prescribed form or in the same form in hard copy on the computer, followed by a printout on a white paper of A4 format.

The document may be translated into English from a licensed interpreter if the visa preparation rules so require.

The cost of granting permission for the travel of a son or daughter to a notary written by a former spouse depends on the region and is equal to 500 roubles.

Would you like to know more about the issuance of a permit for a child to travel abroad? Read about it in the article by reference.

Conditions and procedures for travelling abroad with the child after the dissolution of the marriage

Conditions	Mode of action
Prohibition of the departure of a minor initiated by a second parent	You can find out about the ban at the Ministry of Internal Affairs, the border control authority, the consulate or the diplomatic mission of the country to which the flight is to take place by means of an electronic form on the website of the relevant agencies.
If the second parent ' s whereabouts are unknown	If it is not possible to find a second parent on his own or if he is missing, he will be required to appear before the court, if the trip is not delayed, to present a certificate from the police concerning the search for the second parent.
Parents are deprived of parental rights	In the event of the loss of the parental rights of the accompanying child, it is sufficient for a citizen at the border to present an appropriate judicial decision.
Re-establishment of parental rights	Taking the opportunity to monitor any actions taken with children in accordance with article 72 of the Russian Federation
Parents in places of deprivation of liberty	When the mother/father is in detention, it is sufficient to assure her/his consent with the director of the relevant correctional facility (in accordance with the provisions of article 185, part 1, of the Criminal Code of the Russian Federation)
Incompetent parent	The consent of an incompetent parent to leave the country is not required; to leave, it is sufficient to show the relevant medical certificate to the border control authorities, but if the parent is only partially incompetent, the permit must be submitted.
If one of the parents dies	The accompanying parent is sufficient to produce the death certificate of the deceased under customs control.

When the former spouse categorically refuses to write a permit (consent) for the children ' s journey, he or she should apply to the courts.The application shall be filed in two copies, one of which shall be sent to the initiating party.

The plaintiff will not be required to pay the State party ' s fee, which can be marked in a right-hand application at the upper right corner. 300 roubles is payable by the defendant if the case is successful, and a solid justification will be required for the other party ' s misconduct in court with the information contained in the documents.

Plan of action to ensure fair leave for another parent ' s child

The trial may take from one month from the date of registration of the claim to three or more.

Before going to court, a written request may be sent to the party prohibiting the departure of the children to the address of their actual residence or place of residence; the forms of proof of the request should be retained.

The negative response to the request as an additional document should be attached to the application to the court on appeal.Or present the forms of the post office, their photocopies, confirming the fact that they were sent (when they were ignored).

As a result of the positive outcome of the trial, the court would oblige a person who prevented a child from leaving the country to be permitted to leave the country.

An unjustified ban on the travel of a minor abroad, declared by a court to be useful, important and developing, may result in further deprivation of rights for a party who initiated restrictions under article 69 of the Code of Criminal Procedure. Thus, if there is sufficient evidence, the court recognizes the abuse of parental rights that violate the interests of children.

A qualified lawyer explains the rules for going abroad with a child in his video report.

Permit to travel abroad if the parents are divorced in 2023

Foreign travel is very popular with Russians. Of course, most people prefer not to leave their families and travel together, but sometimes it's impossible. Children often go abroad without relatives at all – for example, on a sports team. Finally, ex-spouses may not want to travel together. See if a child needs permission to travel abroad if the parents are divorced.

Procedure for the departure of minors abroad

Article 20 of the Federal Act on Entry and Exit into the Russian Federation No. 114 of 15 August 1996 indicates that a child may travel abroad:

• With parent;
• With the guardian or adopter;
• with a third responsible person (e.g. a teacher);
• On your own.

A minor ' s travel permit is required under Russian law only if he/she travels abroad without his/her parents or other legal representatives; however, the rules of the country of visit should be taken into account.

The absence of a formal ban on the second parent ' s residence is considered by Russian law as consent to the child ' s departure.

In order to impose a ban on leaving the country, it is necessary to submit an application to the Ministry of Internal Affairs or the Border Guard and to indicate in the text of the document the reasons for its disagreement.

Thus, before the trip, it should be clarified whether there is a ban on crossing the border; the Russian Border Service site does not provide such information.

The father ' s permission to leave the child with the mother, if divorced, is not required; similarly, a minor may go abroad with the father without the mother ' s authorization; however, it should be borne in mind that this document may be required for entry into another State; whether the former husband ' s consent is required for the child ' s removal abroad; this question may be answered in different ways:

• In the Schengen area, minors will simply not be granted a visa without the permission of a father certified by a notary;
• A power of attorney from the mother/father may be required when entering a visa-free country.

Take a sociological poll!

Necessary documents

A minor who remains with one of the parents in a divorce may travel abroad with any of them.

• The passport of the parent or other accompanying person.
• Children ' s passports abroad (if any): If the parent has an old-fashioned passport and the children are registered there, a birth certificate may be submitted.
• A document confirming the relationship between the child and the person accompanying him or her is usually used as a birth certificate; if the minor and his or her parents have different surnames, a notarized copy of the birth certificate is required.
• Visa to the country of visit. This document may require the permission of the ex-husband, depending on the laws of the State to which you are sent.
• A travel permit from both parents or guardians, if minors are accompanied by persons who are not their legal representatives, as already mentioned, is still referred to as a power of attorney.

• If a young citizen travels abroad alone or with persons who are not his or her legal representatives, he or she will need:

• International passport;
• Visa;
• It is important to take into account the laws of the State to which the visit is planned.

When the consent of the second parent is required

The ex-wife ' s consent to travel children abroad is required in two cases:

• If that's the rules of the country of visitation.
• If minors go abroad without legal representatives.

Situations in which a minor must be authorized to travel abroad are described in article...............................................

How to obtain a permit

If it turns out that travel requires permission from the ex-spouse, we'll have to make a deal.

The document must state:

• F.I.O. son/daughter,
• Relationships,
• The period of validity of the permit,
• The country to which the visit will take place.

Sometimes one parent can be trusted, such as:

• Death, confirmed by a death certificate.
• If a woman has the status of a single mother.
• The whereabouts of the ex-spouse are unknown, confirmed by a certificate from the Ministry of Internal Affairs.
• If a minor ' s father or mother is deprived of parental rights or is found to be incompetent, this shall be confirmed by a court decision.

What if the mother or father is against

If the ex-wife does not agree to the travel of minor children abroad, he may contact the Federal Border Service or the Directorate-General for Migration of the Ministry of Internal Affairs of the Russian Federation.

• Statement;
• Identification document;
• a notarized copy of a document confirming the existence of parental rights.

If it is proved that the planned journey is harmful to the minor or that there is a risk that he or she will not be returned to Russia, the ban on leaving will not be lifted.

Conclusion

The answer to the question is whether it is possible to transport a child abroad without the consent of the father after the divorce, in the affirmative, when one of the parents is travelling.

No additional permits are required to leave Russia; however, the country chosen to visit may be required to have such a document.

If the former spouse has formally banned minor citizens from crossing the Russian border, the problem will have to be resolved in court.

Visiting a child abroad with one of the parents to change 2023: Video

How do you take a child abroad if your parents are divorced?

When divorced, former spouses retain equal rights and obligations with respect to joint children; they can participate equally in their lives, raise and communicate.

In practice, the question arises as to whether permission to export a child abroad must be obtained from a second parent if the couple has dissolved the marriage.

It may be that one of them announces the intention to take the minor with him for a rest or a meeting with his relatives, and the other party obstructs it in every way.

The article will consider:what is the procedure for the removal of children abroad in the event of a divorce, how to obtain the consent of the second parent, what to do if he does not permit the transfer of a minor to another country, in which cases permission is not required.

What is the procedure for transporting children abroad in the event of divorce?

The procedure for the removal of children abroad is regulated by Act No. 114 of 15 August 1996. Minors may travel to other countries accompanied by a parent, guardian or guardian; the consent of the second parent is not required; it is not important whether the spouses are married or divorced.

However, the mother or father has the right to apply to the migration authorities for a ban on the departure of children from the Russian Federation, in which case the border service will not release them from the country.

You should know!If a child leaves for another country accompanied by a teacher, grandmother or other persons, the consent of both parents is mandatory.

Although Russian legislation does not require the consent of a second parent, this may be required in the country of destination.

In France, the consent of both parents must be granted.

Therefore, prior to travel, the legislation of the host country should be consulted and the necessary documents prepared.

What documents will be needed when crossing the border?

The child ' s mother prepares a mandatory documentation package to visit a foreign country. The standard list includes:

• Birth certificate;
• A minor ' s foreign passport;
• Visa;
• A permit from a second parent to leave the Russian Federation certified by a notary (if so provided by the host country).

When a visa is issued, they will be asked to fill out a form signed by both parents.

• A divorce certificate;
• Health insurance;
• Photo of the minor;
• Certificate from the place of study;
• An invitation from the host State;
• Travel;
• Other documents.

If the child is 12 years of age, fingerprints are provided.

It matters!When visiting a foreign country ' s minor on a travel trip to his or her bank account, the amount of money sufficient to live for the duration of the visa shall be transferred to the consulate, and a certificate of the existence of the money on the map shall be made available to the consulate.

How can we get consent to the child's departure?

Russian legislation establishes clear requirements for consent to the export of a minor, and the following information should be included in the document:

• Information on both parents;
• Data on the child;
• An indication of the number of trips and the countries to which the child will travel;
• Information on the period of the visit;
• a reference to the prohibition of adoption outside the Russian Federation.

You have to remember!Countries prescribe strictly according to the CLC. Negotiating definitions are prohibited. When States parties to the Schengen Agreement are visited, the general wording "France and other countries of the Schengen area" can be written.

Model of consent for children to travel abroad

The consent of a notary for the export of children abroad must be confirmed by the specialist on the basis of a special form.

An apostille is attached to the department of the Ministry of Justice to confirm the authenticity, and a translation into English and into the language of the country to which the minor is sent with his mother is also provided.

What if the second parent does not consent to the export?

If the father has applied for a ban on leaving, the child will not be released abroad. Consider what action should be taken to lift the ban.

Where should I go?

The mother has the right to challenge the ex-husband ' s injunction before a court; in order to obtain a favourable decision, it will be necessary to prove that he has abused his parental rights and has no real obstacles to travel abroad.

How can a statement of claim be made?

The applicant shall prepare a statement of claim under the rules of articles 131 to 132 of the Code of Criminal Procedure of the Russian Federation. The following information shall be reflected in the text:

• The name of the court, taking into account the jurisdiction of the dispute;
• Information on the parties (FIOs, addresses, contacts);
• Data on the child (FIO, birth certificate);
• Information on the conclusion and dissolution of marriage;
• The factual circumstances of the dispute (substantiation for travel abroad, description of obstacles caused by the second parent);
• References to legal norms;
• An indication that the claimant is exempt from payment of the public service;
• The requirement to allow exit;
• List of annexes;
• Date and signature.

The claim shall be made in two copies for the court and the defendant.

To download the application form for the child ' s travel abroad

This sample can be used for self-writing of the claim; if difficulties arise, it is desirable to contact a professional lawyer; it will help to fill out the application without errors, and it will prepare the necessary documents for the court.

What documents to prepare?

The statement of claim is accompanied by documentation supporting the plaintiff ' s arguments.

• Passport;
• A marriage and divorce certificate;
• The birth certificate of the child;
• A copy of the journey;
• Medical records;
• A reply from the Ministry of Internal Affairs ' Department of Internal Affairs on the prohibition of a second parent from leaving a minor;
• Other documents, as appropriate.

It matters!Under article 333.36, paragraph 15, of the Code of Criminal Procedure, claims for the protection of minors ' rights are exempt from compulsory fees. 300 rubles will be charged to the defendant if the claims are met.

How is the case handled?

The judge accepts the documents for five days and takes two months to deal with the dispute.

The court hearing heard the explanations of each party and examined the documents. In order to prove his or her case, the plaintiff must substantiate the following circumstances:

• There are no obstacles to the removal of a minor;
• The father does not act in the interests of the child and abuses his rights;
• Travel will benefit the child (restoration, contact with relatives, positive emotions);
• The prohibition will have negative consequences (the minor will not receive the necessary treatment, will be deprived of contact with relatives);
• The father avoids parental responsibilities (not paying alimony, not participating in the life and upbringing of a minor).

Recommendation!It would be desirable to check the existence of the ban two or three months before travel, in which case the mother would have time to settle the matter in court.

The defendant has the right to object to the plaintiff ' s arguments and must prove that the journey endangers the life and health of the minor.

When will the solution be ready?

A final decision is issued to the parties five days after the declaration of the operative part, and it is then necessary to wait for its entry into force; the document is made available to border officials when crossing the Russian border and entering a foreign State.

An example.

Bringing a child abroad without consent: necessary documents all about divorce, alimony and division of property

There are many nuances regarding the organization of children ' s travel outside the Russian Federation, concerning both Russian legislation and the rules of the country where the parents are going to take them.

To begin with, it makes sense to see how going out of Russia is dealt with in our country ' s regulations, whether it is possible to take your child abroad without the consent of one of the parents, which documents are required, and how they need to be processed.

In mid-2023, amendments were made to the law, but they were not as significant as expected, and the basic provisions and regulations remained unchanged.

Documents required for the child ' s departure abroad

Article 20 of FL No. 114 gave an exhaustive description of the rules governing the removal of children from the country; a child travelling with or with two or only one of the parents does not need a permit; children may be issued with separate passports or the child is registered on the mother ' s passport.

You have to take the original children's testimony with you. Whether the parents are married or not, the father and mother can move the children across the border if there is no formal ban on it (see below for details). The same rule applies to adoptive parents and guardians.

But if the child goes without his or her parents, even if accompanied by another close relative, then you need to go to the notary and get the consent of the father and mother.

More stringent legislation on the cross-border movement of orphans is monitored by the guardianship authorities.

When is the consent of the second parent required?

This is a situation in which one of the two parents (whether married or divorced) has submitted a written statement to the Russian migration authorities, which prohibits the removal of children abroad without his or her written consent.

https://www.youtube.com/watch?v=6Y4xkUZbD2Q

It had previously been suggested that the law should be amended to require the parent who had written the declaration to justify the prohibition, but they had not been incorporated into the new version of FL No. 114. Therefore, the parent was not obliged to justify why he was opposed to the removal of the child.

Divorce with a small child

When submitting a ban to the migration units of the Ministry of Internal Affairs on the export of a minor child abroad, the parent shall indicate his/her data and address of the second parent.

The authorities were considering the application; if it was accepted and approved, it would no longer be possible to take the child outside the Russian State without the consent of the second parent.

If there is no connection to the second parent, he or she has had a negative attitude, and when planning a foreign trip, it is necessary to check with the Ministry of Internal Affairs bodies responsible for monitoring the migration of citizens, whether he or she has formally prohibited the crossing of the Russian child ' s borders.

It is common for divorced fathers to fear that a mother will take their children away and not be allowed to see them again, sometimes in this way they take away their negative feelings for their ex-wife in order to make her feel the most difficult.

Moreover, even if the mother and father come to an agreed decision later, the child will have to be authorized to travel abroad in court.

This could be a significant problem if a minor really had to leave the country for objective reasons (treatment abroad, sports competitions, education, etc.), and it was therefore desirable to try to resolve such problems by contract and to give parents full thought to the situation before writing opposition to the export.

The legislation of the countries to which children went was another aspect of the regulation of the issue, and the provisions on migration control of minors were different everywhere.

In some States, it will be mandatory to require the transferable and notarized consent of another parent.

Sometimes States are very sensitive to the displacement of children by combating illegal adoption, sale and exploitation of minors.

For example, even with both parents crossing the borders of countries such as Spain or Israel, migration officials can call the child and make sure that he or she is travelling with his or her father and mother.

Children should be prepared in advance for such a situation.

Bringing a child abroad without consent

The law does not require a documented permit to take a child abroad if:

• He's going with both parents;
• If he's only going with his mom or dad, and the other one hasn't imposed a ban on leaving;
• The State of entry has no statutory restrictions on the movement of minor children.

There are a number of other situations where the permission of another parent will not be checked at the border.

Situation where consent is not required

• This is particularly true in cases where the child ' s documents do not contain data on the second parent (symbol) or form 25 that the father ' s name is given only on the basis of information from the newborn ' s mother, i.e. paternity is not confirmed.
• His father's consent is not required if he is disenfranchised or has been convicted and is currently in prison.
• If his father is dead, he must be confirmed as a death certificate.

Countries not requiring a second parent ' s permission to enter

Another condition, as mentioned above, is the consent of the State to which the child is going to move the minor without the official permission of the other parent.

Before organizing a child ' s travel abroad, it is necessary to know the rules of the laws of the host country and the rules of compliance with the migration regime; the parents may be consulted by the tour operators or by the reference staff of the country ' s embassy in the Russian Federation.

These are mainly countries with which the Russian Federation has established visa-free arrangements.

But in any case, it's better to see it right before the trip, because the rules of migration vary from country to country.

Nor should we believe the words of the "tested" travelers that they "have travelled once and everything is fine." Checks of the migration services at the entrance can be randomly organized, and there is no guarantee that they will not carry out control in this particular case.

If there are no prohibitions in the country where the mother or father is going with the child, then only his testimony must be brought with him.

Banning One of the Parents: What to Do?

In 2023, changes took place in the procedure for receiving an application prohibiting the removal of a child from the country.

Decision No. 690 of the Government of the Russian Federation of 31 May 2023 repealed a number of outdated provisions for the removal of minors from the country; this is no longer the case for border control, and it does not accept such applications from parents.

Since 12 June 2023, a new procedure has been established for the processing of travel bans for minors outside the borders of Russia.

How and where to prescribe a child after a divorce?

This requires contact with the migration units of the Russian territorial authorities in the city or district where the parents live, which now monitors and records the ban on children travelling abroad without obtaining a certificate of consent from another parent.

The court is not considering the rejection of the ban on the export of a child abroad at all, but rather the authorization for each journey in particular.

1. Therefore, the reasons why a child is to be taken out of Russia to avoid a second parent's disagreement will be examined.
2. The judiciary is based on an understanding of the interests and rights of the child, and therefore documentary evidence that a child is required to receive medical treatment or treatment abroad, to participate in competitions, to study, at the invitation of close relatives, is likely to lead to a favourable outcome.
3. Perhaps a positive solution would be to have tourist trips during school holidays.
4. The court will hear the opinion of the minor himself (if he is more than 10 years old) as to whether he wishes to travel abroad to that country and within the specified time frame.
5. Unfortunately, the trial is usually very long, and it will not be possible to resolve the matter expeditiously.

Thus, with some changes in the regulations, in general, the legislation governing the removal of children outside the country has not been substantially amended; when a parent has not been legally established or has no parental rights, he or she has no right to control the children ' s travel abroad.

A divorced mother may not take a child abroad without the consent of the ex-husband only if the father has managed to prohibit the transfer of the child to another country without a notarized consent document.

Since 2023, such opposition has been accepted and recorded in the migration control services of the territorial bodies of the Ministry of Internal Affairs; in some cases, there are opportunities to challenge the opposition of one of the parents in court and to obtain permission for the child ' s specific foreign affiliation.

It is better for former spouses to seek a peaceful solution to all matters relating to the upbringing, organization of life and travel of common children in order not to create a problem or limit the child ' s capacity.