Children are vulnerable citizens who are under the care of their parents. Their departure from the territory of the country should be carried out with the permission of both mother and father. Therefore, often parents, between whom there is a tense relationship or significant disagreement, establish a ban on children traveling abroad. This process does not allow one of the parents to take the child to any country for different purposes.
Legislative regulation
The basic rules that govern the rules for crossing the countryās border by minors are contained in Federal Law No. 114. Therefore, parents take into account the following points:
- children may leave the country exclusively with their parents or legal representatives;
- in some situations, intersection with attendants is allowed, but they must have permits.
If the spouses are divorced, then one of them may impose a ban on children traveling abroad. Usually this method is used if the former spouses are citizens of different countries, so it is likely that the mother or father will take the babies to another state for permanent residence.
Child border crossing rules
Children can travel outside of Russia only if certain important conditions are taken into account. These include:
- the procedure is performed with one or two parents, and it is also allowed to cross the border with a third party who has legal grounds for these purposes;
- the child must have a passport or birth certificate;
- if the mother travels with the child, then she must have the consent of the father to travel, and this document must be notarized;
- if the trip takes more than 90 days, in addition to the consent of the second parent, it is necessary to obtain permission for the procedure from the guardianship authorities, and the form of this document is clearly established at the legislative level.
If the parent or legal representative does not have at least one of the above documents, then it will be forbidden to cross the border of the country.
When it doesnāt work out of Russia?
Under certain conditions, a ban is placed on children traveling abroad. Therefore, customs officers will not miss a child under the following conditions:
- missing passport;
- the accompanying person does not have permission drawn up by the mother or father;
- There is an official prohibition imposed by one of the parents;
- there are no letters drawn up by the parents, and it should indicate in which country the trip is planned, for how long the child leaves the country, and who acts as an accompanying person.
Although letters from parents are often not required at the Russian border, it is the border guards of a foreign state that are required to present this document.
Who imposes a ban?
A ban on children traveling abroad may be imposed by several persons. These include:
- mom or dad;
- legal representatives represented by guardians, adoptive parents or trustees;
- representatives of guardianship authorities.
Therefore, before a direct trip, you should check whether there is this prohibition. This will avoid an unpleasant situation arising directly at the border. If there are good reasons, it is possible to remove the parentās ban on the childās travel abroad, but this process must be done in advance, and not at the border.
How is it superimposed?
A ban on traveling abroad of a minor child may be imposed solely by persons with the appropriate authority to do so. Typically, the process is implemented by the father or mother. This is due to the fact that people officially divorced, and at the same time there is a possibility that one of the parents will take the child to their homeland for permanent residence.
Making a ban on a child traveling abroad is quite simple, for which the provisions of PP No. 273 are taken into account. Therefore, for this, the following actions are performed:
- correctly compiled a statement;
- the process can be performed by hand or using a computer;
- the application lists the reasons for using the ban, and they must be justified, for example, it indicates that the relatives or relatives of the father or mother live in another country, so it is likely that the child will be taken to another state for permanent residence;
- the application with other supporting documents is sent to the FMS office, located at the place of residence of the applicant;
- it is not required to notify the second parent or immediate child about the compilation of this document;
- the applicant can submit this document even with a permanent residence in another country, for which documents are submitted to the border guard authorities, as well as to the Consulate;
- the application must indicate the correct information about the applicant, and also prescribes who he is to the child.
If the document is really drawn up by the parent, then a ban is imposed even in the absence of good reasons. In addition to the direct application, the citizen transfers a copy of his passport and the birth certificate of the child. If the procedure is performed by the guardian or adoptive parent, then appropriate documents from the court are required. A sample application to ban a child from traveling abroad can be studied below.
Application Rules
Often, it is really required to impose a ban on the parent's departure of a child abroad. Writing an appropriate statement is not difficult, but the following nuances are taken into account:
- a document is transferred to the migration service department, and it can also be submitted to the Consulate;
- An application is submitted only in person by the parent or adoptive parent;
- the document is compiled exclusively in Russian;
- the application shall contain information about the applicant and the child, and it is presented by name, gender, date and place of birth;
- documents confirming the identity of the citizen and the child are attached to the application;
- if the parent is a foreign citizen, he can draw up a statement in a foreign language, but a notarized translation is attached to him;
- an application for consideration is not accepted if there is a valid court decision that one of the parents can take a minor out of the country without the permission of the other parent.
The rules, terms and procedure for considering applications and making decisions are contained in Russian law. To do this, it is evaluated who exactly acts as the applicant, and also for what reasons the ban is necessary.
How to find out?
If a parent is planning a trip with his child to another state, then it is advisable to check in advance the ban on traveling abroad so that his presence does not become a surprise even when crossing the territory of the country.
For information, you must contact the migration service. To check the ban on traveling abroad of a child, the birth certificate of the baby and the correctly prepared application are transferred to this institution. Usually, the need for verification arises if there is a bad relationship between parents.
The ban is lifted solely in court. The procedure is performed if the FMS employees really report that the child is in a special border āstop listā.
The verification procedure can even be performed using various Internet resources. For this, it is advisable to use a special form available on the website of the Ministry of Internal Affairs. You can check through the State Services the ban on traveling abroad of a child.
How to take off?
Parents can impose a ban on traveling abroad for various reasons. They can remove it themselves, but most often they voluntarily refuse to perform this procedure.
Therefore, the second parent has to send a statement of claim to the court, since only this state organization has the necessary powers to lift the ban.
Rules for going to court
The lifting of the ban on traveling abroad involves challenging this restriction. Therefore, in any case, you will have to make a statement of claim sent to the court. Border authorities do not have such powers, therefore applications to them cannot be accepted.
During the trial, many different factors are considered:
- availability of purchased plane or train tickets;
- the planned period of time during which the child will be abroad;
- season of visiting another state;
- a reason for the trip, which may be represented by the need to undergo treatment or rehabilitation, since in this case the ban is lifted quickly enough;
- desire of an immediate child if he is already 10 years old.
The most often lifting of the ban on the childās travel abroad is carried out if this trip is required to treat, rehabilitate or improve the childās health status in other ways. Additionally, the claims are satisfied if the child's horizons expand due to travel or he can fully relax. The court must take into account the opinion of the child.
Rules for making a statement of claim
To remove the restriction, it is required that the mother or father properly prepare a suit. The prohibition of a child traveling abroad is lifted only if there is evidence that there really is a need for a trip. When drawing up a claim, the rules are taken into account:
- the name of the court to which the application is submitted shall be indicated;
- information is provided about the plaintiff submitted by the parent or official representative of the minor;
- the need to lift the travel ban is prescribed;
- lists the documents attached to the claim;
- reasons are given for the trip, which may be represented by rest, treatment, rehabilitation, training or meeting with relatives living in another country;
- it is indicated where exactly the trip is planned, who will accompany the baby, and also how much time a minor will spend in another state;
- The date of the statement of claim is prescribed.
It is not advisable to request too much time for the trip during the preparation of the claim, and especially if the trip involves a vacation or visiting relatives, since it is likely that the claims will not be satisfied.
An exception is a long trip associated with treatment. In this case, medical documents are attached to the claim, confirming that the child really has certain health problems, therefore, he needs long-term treatment in a foreign clinic. These documents even include papers received from the selected medical institution, which indicates how long treatment and rehabilitation will last.
It is necessary to apply to the court at the place of residence of the defendant. You should not ask for permission to travel while studying at school, as in most cases claims are not satisfied. In order for the judge to satisfy the claim, you should collect as many different documents as possible, which are proof of the need for the trip.
The nuances of the ban
During the consideration of such situations in court, it is taken into account that the defendant has the right to impose a ban, and the plaintiff can use his right to remove it. Therefore, the provisions of Art. 55 SK. The nuances of lifting the ban include:
- the plaintiff must prove that the trip is really necessary for a minor;
- the defendant may come to court to defend his opinion;
- the defendant has the right to transfer various evidence to the court that the plaintiff plans to stay with the child in another state for permanent residence, thereby violating the right of the other parent to raise the baby;
- the opinion of the child is necessarily heard if he is already 10 years old.
Judicial practice shows that claims are most often satisfied if the plaintiff really has evidence of the need for travel. If you plan a regular vacation, then the probability of failure is high.
Can a ban be imposed again?
If the court decides to satisfy the claim, the child can travel with the parent or legal representative. After he returns home again, the second parent may impose a ban, for which he draws up an application to the FMS. A repeated ban on a childās travel abroad is subject to lifting in the general manner, for which the plaintiff will again have to go to court.
Under such conditions, the plaintiff often makes a petition that the court decide that one of the parents can take the child out of the country without obtaining prior permission for this process from the second parent.
Rules for crossing the border with a child
If you plan to travel with a minor to another country, then parents or guardians should consider the following points:
- if the parent and the child have different surnames, the border guards may request additional documentation confirming the existence of a family relationship between them;
- even if the parents are officially divorced, then you need to get permission to travel from dad or mom in advance;
- travel with relatives, teachers or other accompanying persons is allowed, but special permission is compiled for them by parents, and this document must be notarized;
- It is advisable to submit a request to the FMS in advance to find out if the child is on a special āstop listā, otherwise, even when crossing the border, you may encounter a refusal, which will incur significant material losses.
Subject to these rules, there will be no difficulties with the travel of children.
Conclusion
Many parents prefer to prohibit their children from crossing the border with another parent. The process is easily carried out in the FMS. Before traveling, each parent must check for the presence or absence of this prohibition. If necessary, he is removed only in court, for which it is necessary to convey evidence that a trip is required.
Even after a decision is made by the court, a second ban may again be imposed.