"Notarial Order": Simplifying Children's Departure from the Kyrgyz Republic Without Parental Consent

Анна Федорова Local news
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In Kyrgyzstan, discussions are beginning on a draft law that amends the Law "On External Migration," the Family Code, and the Law "On Notaries." The main goal of this document is to simplify the process for minors to travel abroad.

According to the proposed changes, in certain cases, the departure of children under 18 can occur without the notarized consent of the second parent. This applies, in particular, to trips for medical treatment, participation in Olympiads, competitions, vacations, or meetings with relatives, provided that the necessary supporting documents are available and there is a commitment to return the child.

One of the key points is the introduction of the "notarial order" mechanism.

This new practice will allow one parent to obtain permission for the child's departure unilaterally if the other parent is evading their responsibilities and has overdue child support payments exceeding one year.

It is also proposed to remove the requirement from the Family Code that obliges parents to go to court in such cases. According to the developers, this will significantly reduce the time and lessen the burden on the judicial authorities.

However, for a child to travel abroad permanently, notarized consent from the minor themselves (aged 14 to 18) will still be required, along with compliance with all legal requirements.

The authors of the initiative emphasize that these changes are aimed at protecting children's rights, reducing bureaucratic obstacles, and preventing possible abuses by parents.

After the discussions are completed, the draft may be submitted for consideration by the Jogorku Kenesh.
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