The Ministry of Justice proposes to simplify the procedure for the temporary departure of children abroad

Сергей Мацера Local news
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The Ministry of Justice of the Kyrgyz Republic has initiated the simplification of the procedure for the temporary departure of minors abroad. Currently, the draft law aimed at improving the existing situation is available for public discussion here.

According to current legislation, children under 18 can leave the country only with a notarized agreement from their legal representatives. In the absence of such a document, departure may only be permitted through court proceedings.

According to the initiators, the current rules complicate the process of obtaining the necessary documents for enrollment in educational institutions, including abroad, and deprive children of the opportunity to travel for medical treatment, participate in sports and educational events, or simply to relax with relatives. The requirement for the consent of both parents often becomes a tool for manipulation in situations of family disputes.

The presence of relevant documents from medical, educational, or sports institutions will serve as additional confirmation of the purpose of the trip and will prevent attempts to illegally transport the child for permanent residence.

The proposed reform includes the introduction of a notarial order for cases where one parent evades alimony payments and does not participate in raising the child. The existence of documented alimony arrears for over one year will serve as grounds for ensuring the child's right to free movement. At the same time, the notarial order will be valid only for a specific period and for specific purposes, minimizing the risks of illegal changes to the child's place of residence without court proceedings.

This innovation will help avoid situations where unscrupulous alimony payers become an obstacle to the realization of the legal interests of children and responsible parents.

Thus, the ministry emphasizes that the changes will help avoid lengthy court processes in cases of egregious evasion of parental responsibilities and reduce the burden on the judiciary.

In addition, the draft law stipulates that a copy of the notarial order must be sent to the debtor (the second parent) within one day of its issuance, with a notice of delivery. The second parent will be able to submit their objections to the notary within ten days, who will consider them within three days. If the objections indicate a dispute over rights, the notary will cancel the order and notify the first parent, explaining that this issue can be resolved in court.

The photo on the main page is illustrative: tourdom.ru.
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