According to current legislation, specifically the Law "On External Migration," children under 18 can leave the country only with a notarized permission from their legal representatives. If such permission is not available, departure can only be authorized through the court.
As noted by the initiator of the changes, in reality, this leads to difficulties for teenagers in obtaining documents for studying, including abroad. It also creates barriers for children wishing to travel for medical treatment, participate in Olympiads, sports competitions, or visit relatives. In complex family situations, the requirement for consent from both parents is often used as a means of manipulation.
The presence of official documents from medical, educational, or sports organizations will serve as additional confirmation of the purpose of the trip and help avoid the risk of illegal removal of the child for permanent residence.In cases where one parent evades alimony payments and does not participate in raising the child, the ministry proposes to introduce the institution of a notarized order. The existence of documented alimony arrears exceeding one year will allow for the swift protection of the child's right to movement. At the same time, such an order will be valid for a limited period and for specific travel purposes, which excludes the possibility of illegal changes to the child's place of residence without court proceedings.
This measure will create conditions under which non-fulfillment of alimony obligations will not hinder the lawful interests of the child and their good-faith parent.Thus, the ministry emphasizes that this innovation will help avoid lengthy court processes in cases of clear evasion of parental responsibilities and reduce the burden on the judicial authorities.
It is also planned to establish that after the issuance of a notarized order for the temporary departure of the child, the notary is obliged to send a copy of this order to the second parent with a notification of delivery the following day. The second parent has the right to file objections within ten days of receiving the copy, which will be considered by the notary within three days. If the objections claim the existence of a dispute over rights or other circumstances preventing the issuance of the order, the notary will cancel it and explain to the first parent that claims can be made in court.
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