Find out what innovations will appear in Russian law.
Situations are not uncommon when, after a divorce, one of the parents wants to relax with their children abroad, and the other prevents this.
Previously, the parent could find out that the child was not allowed to travel abroad after purchasing the tour - literally when passing through passport control. Today, if the father or mother has imposed a ban on the child's departure from the country, the Ministry of Internal Affairs will send a notification to the second parent by the Russian Post.
But nevertheless, this does not negate the fact that all plans are thwarted, money burns out, and the mood deteriorates.
To lift such a ban, even in the case of reconciliation with the spouse, at the moment can only be in court.
However, the Constitutional Court pointed out the need to change the existing rules and procedures to make it easier for parents to plan trips with a child.
In this regard, we have written a short instruction for parents with a list of necessary documents for the children to travel abroad and a list of major changes.
What documents will be required when traveling with a child abroad
So, here are the documents you need to prepare before the trip in case the second parent did not declare their disagreement with the child's departure.
When traveling with a parent:
international passport, valid visa, in case it is needed in the host country.
When traveling with a grandmother, grandfather or other close relative:
a foreign passport with a visa (if needed), consent of one of the parents (certified by a notary).
When traveling with a camp counselor:
a foreign passport with a visa (if needed), consent of one of the parents (certified by a notary).
We also note that the accompanying child (even if it is a grandmother) must have the necessary documents when traveling across Russia. Read about how to properly draw up a power of attorney and what an adult traveling within the country should have with you in our article.
What to do if one of the parents has issued a ban on the child's travel abroad
If one of the parents does not agree to let the child go and has submitted an application to the Ministry of Internal Affairs, then according to the current rules, the conflict can only be resolved in court, which always takes a lot of time and effort.
Losses in the event of a trip interruption are generally not recoverable. And it is not always possible to get a court permission before departure.
Therefore, in such situations, the parent has to plan the child's trips a year in advance. It is necessary to go to court already with the exact dates, countries and purposes of future travel, as well as purchased tickets and confirmed reservations, in order to obtain a travel permit and be sure that a conflict with the second parent will not disrupt the plans.
After the ruling of the Constitutional Court, this situation should change.
A parent will be able to ask the court to lift the ban in full, and not for specific trips, if he proves that such restrictions on the part of the second parent are unreasonable.
When the very order of departures is changed in accordance with the position of the Constitutional Court, the procedure for lifting the restrictions will become even easier. The most important thing is that the parent will be able to revoke the application of the ban at any time in the administrative procedure with the consent of the second parent (in case of reconciliation), and not wait for the trial, as before.
At the moment, as mentioned above, even in the case of reconciliation (often such statements are written in a fit of emotion, and the parent admits this), it is impossible to lift the restriction without going to court.
This leads not only to nervous breakdowns, but also to the cancellation of rest, tours of the child, sports competitions or his studies abroad.
There are also very critical examples when a child needs urgent treatment outside the Russian Federation, but has to wait for a trial in order to lift the travel ban.
A word to the lawyer
Comments by Victoria Dergunova, Attorney, Partner and Head of Family Law Practice at BGP Litigation
When the legislator introduced restrictions on the departure of a child outside the country, we were not parties to the Convention on the Civil Aspects of International Child Abduction. After joining it, we got the opportunity to return children who were illegally taken away or held abroad.
Therefore, today the ban on the departure of children not only fails to achieve the goal set by the legislator when it was introduced, but is also becoming a popular means of abuse of parental rights.
The most important thing that can be changed thanks to the legal position of the Constitutional Court is to create an effective system of pre-trial settlement of these disputes independently or with the participation of the same guardianship authorities that are called upon to protect the interests of children. And also to provide reconciled parents with the opportunity to remove the imposed restriction without going to court.
This measure should help to protect the rights of minors, especially in situations where the issue of travel abroad cannot be postponed.
Photo: Depositphotos
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