Permission to travel abroad for a child with one of the parents

12.07.2021

In connection with the return of mass outbound destinations to the tourism market, the Ministry of Foreign Affairs of the Russian Federation reminded how a ban and consent for a child’s departure is issued and why it is needed.

New Law No. 268-FZ of July 1, 2021

From July 12, 2021, new simplified rules and procedures regulating the departure of children abroad came into force in accordance with the adopted law No. 268-FZ of July 1, 2021. You can get acquainted with it on the website consultant.ru.

1. There is no need to obtain notarized consent for a child to travel abroad with one of the parents. If there is no prohibition from the second parent, the child can go abroad.
2. The ban under the new rules may apply to the child’s travel to all foreign countries, or only to a specific state.
3. If the second parent issued a ban on the child’s departure, now he can change his decision and revoke it out of court according to simplified rules.
4. The ban applies only to minors traveling abroad; it is not valid for trips within Russia.
5. Notarized consent of the parent is required only if a minor child under 18 years of age travels abroad independently without parents. The exit consent may indicate a specific country and time of travel. Previously, this required the consent of both parents: mother and father.
6. An opportunity has been introduced for a parent, a citizen of Russia, who has imposed a travel ban on his child, to travel abroad with him. This opportunity applies only to citizens of the Russian Federation.

More information about simplifying the procedure for children traveling abroad is described in this video.

Documents required at the border and procedure for registration

To travel abroad, you must take the following documents with you:

1. International passport.
2. Child's birth certificate.
3. A certified photocopy of the birth certificate, with different surnames for relatives.
4. Permission to travel if the trip is with friends or distant relatives.

Important! An old-style international passport with information about the child included in it allows a minor to travel without a separate passport. A biometric passport does not provide such preferences; a child can leave the country only with his or her personal identification document.

Documentary question

In order for a trip abroad to bring only positive emotions to both the children and the accompanying parent, it is necessary to prepare all the necessary documents in a timely manner. It is quite simple to prepare all the current certificates.

To do this, you need to take into account the peculiarities of both domestic and foreign legislation. Each country has its own entry rules. European countries are especially scrupulous when it comes to children.

Detailed scheme for a child traveling abroad with one of the parents

Problems may arise for a parent accompanying a child or children when crossing the state border. Or they may not arise. It all depends on how well the parent has prepared for the trip abroad.

It is important to understand that current legal provisions have been modified. Therefore, attention should be focused on data relevant for 2021.

According to the new realities of 2021, a minor has the right to travel abroad:

• with one of the parents;
• With mother and father;
• with a guardian or accompanying person;
• Unaccompanied.

The most important point

The departure of a child from the Russian Federation abroad does not require special permission if the young traveler is accompanied by one of the parents. This point is relevant only when the father or mother of a young traveler, remaining in their homeland, does not submit a statement of disagreement to the child’s departure to the Ministry of Internal Affairs.

If this statement exists, then permission for children to travel abroad can only be obtained through a judicial procedure.

Sample consent to take a child abroad

In this case, the person interested in the child leaving the Russian Federation abroad is obliged to prove that this rendezvous is in the interests of the minor. Thus, a child’s departure from the Russian Federation abroad may be due to the need for urgent treatment or training at a language school.

The risk of stepping on a pitfall arises when the father and mother of a minor have different surnames. But solving this issue is quite simple.

To do this, you need to provide the employees of the relevant department with a high-quality photocopy of the marriage certificate. This document must be certified by a notary.

The notarized consent of one of the parents is necessary in 2021 not so much for departure as for entry of children into a foreign country. Not all countries require consent. In 2021, consent is only relevant for the Schengen area.

• Here is a sample consent for a child to travel to Italy accompanied by his mother in Russian, and here the consent is translated into Italian.
• A sample of the father’s consent for the child and mother to travel to France in Russian can be downloaded here, consent in French can be downloaded here.
• Here you can see a sample of a mother’s consent for a child’s trip to Germany with her father in Russian, and here is the same consent in German.
• The necessary consent for a child to travel with one of the parents to Finland is available in Russian, and here is a sample consent in Finnish.

Reasons why they may not be allowed to go abroad

If we ignore the criminal component, then the main reason for refusal to leave the country is debt.

The picture is, of course, exaggerated, but it clearly makes it clear that debt is fraught.

Check to see if you have any outstanding loan or other debts.

Of course, this applies more to persistent defaulters (overdue loan, traffic police fines, alimony). When a court recognizes a citizen as a debtor, restrictions on leaving the country come into force.

You can check your debts without leaving your home on the NEVILET.RF website.

What does the Law say?

In accordance with existing legislation, the consent of one of the parents of a young traveler is not a necessity, but insurance for travel agents. In order to obtain the consent of one of the child’s parents for his trip abroad, you need to collect the following certificates:

• international passport of the applicant;
• a certificate confirming the relationship between the applicant and the traveling child;
• permission for a foreign rendezvous from the father or mother.

It is important to understand that consent to a child’s rendezvous abroad has a deadline.

Consent for a child can only be obtained based on the realities of 2021. Permission can only be obtained by the legal representative of the young traveler.

The names of states relevant to the agreement document must be written in accordance with the domestic classifier of world states. Colloquial language is completely unacceptable in 2021. Generalizations should also be avoided.

The exception applies only to countries located in the Schengen area.

If the trip involves visiting several countries in the Schengen area, then it is better to list them all in the agreement. A sample in Russian can be viewed here. Translation of the permit into English is here.

This is relevant when a child learns a language abroad. Some language schools have special programs that allow visits to neighboring countries. This is necessary to enrich knowledge. Thus, teenagers studying English in England can also visit Scotland and Ireland.

It is important to correctly indicate the time frame. A long period of stay abroad is not excluded, but this does not need to be indicated. Otherwise, representing the interests of a minor will continue to be quite problematic.

The child travels abroad with his grandmother or a third party

If I had known before how wonderful it was to have grandchildren, I would have started right away with them.
Louis Wise. When your son (daughter) goes to a foreign territory with his grandmother, she needs consent from the parents. This document is issued by a notary office. It is enough for one of the parents to issue such consent.

Consent from two parents is required if the child is accompanied by a third party. This could be a coach or teacher who takes children to competitions.

Changing of the living place

Often, after a divorce, a mother with a minor child in her arms decides to remarry. Often young women remarry with a representative of a different nationality. This assumes that the woman and her Russian child will eventually commit to leaving Russia and moving to live in another country. Whether or not the father’s permission is necessary for the departure of a minor must be clarified separately.

Diplomats of some countries name the father's permission as the first among the main documents. If the father of a minor easily gives his permission, then the only thing left to do is to issue a power of attorney.

How does the current document work?

The father's permission, which allows the minor to be taken to another state, does not have a validity period. Against this background, the father of the child always retains the opportunity to change his decision. If the second parent decides to refuse the “plaintiff,” then the mother will no longer be able to freely take the common child abroad.

Sample of father's permission to travel abroad for a child

The notary office employee involved in resolving this issue undertakes to warn both parties about their rights and obligations. Unfortunately, “peace” after a divorce is an extremely rare phenomenon. This is because most often the decision to divorce is made by only one party. In this regard, many mothers who managed to take their children abroad have problems.

Thus, there are often cases when a mother and child become accustomed to new realities, but the woman is soon forced to return to Russia. The reason for the call is simple – to resolve a controversial issue.

In such a situation, women are recommended to petition for deprivation of the father's parental rights. The likelihood of winning such a delicate case is high. To do this, a woman who has decided to take a minor out of Russia undertakes to provide the court with all evidence that the father did not act in the interests of the child. There is one more interesting point.

Sample petition for deprivation of parental rights

Thus, today the requirements of the powers located in the Schengen area have become much stricter. According to the new requirements, it is now very difficult to ignore the opinion of the father of a minor taken abroad.

In order to have this opportunity, you need to achieve the “correct” court decision. That is, the court must make a decision regarding the complete transfer of custody rights. The decision that a minor can leave Russia without hindrance has no force.

Unfortunately, many European consulates consistently refuse women who do not have the appropriate document in hand. If a person does not have full rights, then he must be given permission to travel abroad as a minor. Before the tightening came into force, the issue was resolved in different ways. The courts made decisions in the interests of both the mother and father of the minor.

Russian legislation allows you to challenge any ban. If the court decision is made in favor of the plaintiff, then the minor can be taken to any country until he reaches eighteen years of age.

Departure of a child to the USA

In 2021, many Russian women chose to become US citizens. The issue of obtaining citizenship of this country is very difficult in itself. Sometimes it is complicated by the emergence of new pitfalls. In this regard, many are interested in the question of whether the father’s permission is needed to take a minor for an interview at the US consular office.

American diplomats can only be matched in toughness by German diplomats. There have been cases when Russians were denied an American tourist visa for no apparent reason. Becoming a US immigrant visa holder is even more difficult. Women who have children from a Russian husband and remarry Americans experience particular difficulty.

Some Russian women even resort to “military tricks.” They prefer to hide the existence of the child, and once in the United States, by hook or by crook they try to “summon” the minor to come to them. Such an adventure almost never ends in success. Therefore, the question regarding the father’s permission is fundamental.

A sample permit for a child to travel to the USA with one of the parents for tourism purposes is available in Russian, and here is a translation of the consent into English.

So, if the consul has questions regarding the existence of objections from the father of a minor, the issue will be resolved as follows:

1. First, the consul sends a request to the authority that issued the child’s passport.
2. This authority can easily “revoke” a minor’s passport (due to the peculiarities of local laws).
3. If the higher authority does not cancel the minor's passport, the immigrant visa will be issued.

To avoid trouble, it is necessary to clarify all controversial issues with the consul in person.

It would be best to contact the diplomat in writing. Consulate staff respond not only quickly, but also very thoroughly. Most often, the diplomat's answer contains a hint as to how best to proceed in a given situation. After the immigrant visa is issued, the mother and child can safely leave for the United States.

If the consul has doubts, the visa will be refused. The “piquant thing” of the refusal is that it is not always possible to challenge the decision of an American diplomat. In some cases, the immigration issue was resolved over several years. This information is relevant only for Russians. In Ukraine and Belarus, decisions are made in accordance with local realities.

How to obtain permission for a child to travel to Turkey

Russian tourists with children often choose Turkish lands for their holidays. But in order for your trip not to be burdened by problems at the border, certain rules must be observed:

1. A foreign passport in Turkey must be valid for another six months, starting from the entry period, and have one blank sheet for a visa stamp (border guards pay attention to this).
2. In the state, an incoming tourist has the opportunity to rest for no more than 90 days during each half-year (the time spent is counted from the date on the mark that is given to all arriving Russians after entry).

There are no special documents required for visa-free entry. You just need to have some papers:

• return tickets (they confirm the traveler’s intention to stay in the country for a certain period);

• travel voucher or hotel room reservation;
• confirmation of financial solvency (bank statement and certificate of income from place of work);
• medical insurance (the tourist chooses the amount of coverage himself).

If a child is over 14 years old, then he is able to leave Russia using his foreign passport. It is necessary. As already mentioned, if children have not reached the specified age, then they are included in the five-year parental documents.

After all, biometric documents do not allow this, which means that even a one-year-old child needs to apply for a foreign passport and prepare an individual package of documents.

Sample photo of children in parent's passport

Upon reaching the age of six, a photograph of the arriving minor child is also added to the parent’s passport.

To successfully pass customs control, you must arrive at the airport 2-3 hours before your scheduled departure.

If the trip takes place with a child, then you need to think about the child and ask for accommodation in a comfortable area on board; the staff will definitely agree to such a request. After completing all check-in procedures, the passenger is left with boarding passes, which indicate the departure position and the serial number of the board.

Parents are divorced: are the rules changing?

The conditions for departure of a person under 18 years of age do not change depending on the marital status of the parents. Divorce does not affect the right to communicate, stay and accompany the child. If mom or dad live separately, they have exactly the same right to participate in raising the child, to communicate and interact with him. The only exception is deprivation of parental rights.

In some cases, during a divorce, an additional agreement is concluded regulating the intensity of communication with the child: meeting schedule, routes, frequency of trips, visits to other countries. In this case, you must adhere to the specified regulations.

Important! If violations are detected, the parent will be held administratively liable, and an attempt to leave may be regarded as kidnapping.

If the parents are divorced, both have the same rights to accompany their offspring on trips abroad. Therefore, the presence of only the mother or father or written permission from either of them will be sufficient (when the child is flying with third parties).

Procedure for obtaining a permit

The paper is valid subject to a number of conditions:

• the permission is certified by a notary;
• the period for visiting the country is clearly indicated;
• The names of the countries you plan to visit are written down.

Important! The permit indicates exactly the names of the states to which a person under 18 years of age will travel: Turkey, the Republic of Kazakhstan, Germany, etc. The names of unions and communities are inapplicable and unacceptable. A document that says “CIS countries” or “European Union” is considered invalid.

To obtain permission, it is enough to visit a notary or lawyer. Consents of this type are drawn up according to a model. The template contains the first and last names of citizens, data on passports and other documents. The document is printed and given to the notary for signature.

For translation, you will have to contact an agency or a private translator who has the right to notarize documents.

Traveler's age

Many people are interested in the question of at what age can a child be allowed to travel independently, without parents. There are many rules describing in what cases a child can be sent abroad without an accompanying person.

It is necessary to highlight the following provisions:

1. Children under two years of age can travel abroad only under the supervision of an accompanying person.
2. If the child’s age is from 2 to 12 years, then his travel abroad is carried out only under the control of an accompanying person.
3. If the age of the child traveling abroad is over 12 years, then there is no need for an accompanying person to participate in the voyage.

Sometimes the age of an unaccompanied child varies from 2 to 15 years. In this case, travel abroad can only be carried out under the control of the carrier. This is only possible with special permission.

Travel abroad of a minor without parents will be relevant until he reaches 16 years of age. So, if the child’s trip does not involve accompanying parents, the latter undertake to clarify all pressing issues with the carrier company.

All issues related to the travel of minor children abroad should be in the field of view of reliable travel agents. Otherwise, they can hardly be called reliable.

Parents should carefully understand the issue of documents. If there is no certificate, the trip may be cancelled. If a child has to go to visit foreign friends or relatives, this, of course, is not a problem. But it also happens that the possibility of a child’s education in a European country is in jeopardy.