Unfortunately, the current situation has significantly changed the lives of many Ukrainian families. Due to the war, many mothers with children have been forced to go abroad. In certain cases, this departure happens without the consent of one of the parents (the other parent who does not live with the child). Taking a child abroad without the consent of one parent is a complex legal issue that often requires a professional legal approach.
The only real way to resolve the issue of taking a minor child abroad without the consent of one parent is to go to court. This option is provided for by the Rules for Crossing the State Border by Citizens of Ukraine, as well as the Law of Ukraine “On the Procedure for Leaving and Entering Ukraine by Citizens of Ukraine.”
In particular, paragraph 2 of part 4 of the Rules for Crossing the State Border by Citizens of Ukraine stipulates that the departure of a minor abroad with one of the parents without the notarized consent of the other parent is possible only with a court decision granting permission for the departure of a citizen under sixteen years old from Ukraine without the consent and accompaniment of the other parent.
When filing a lawsuit, it is important for the petitioner that the case ends successfully, with the resolution part of the court decision stating: “the claim is fully satisfied.”
In the lawsuit, it should be justified that the trip abroad is in the child’s best interests. These arguments may include:
- Evidence that there are relatives abroad to whom the trip with the child is planned (confirmed by written documents).
- Arguments that the trip abroad aims at improving the child’s health.
Changes in the legislation on border crossing during martial law have introduced certain adjustments to the procedure for leaving the country with a child when one parent does not give consent.
Before the imposition of martial law, a mother could go to court as a plaintiff and request the court to grant permission for the child to leave the country, the current law, however, allows a parent to cross the border with the child without hindrance if they decide to take the child out of the country.
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This legislative decision ensures the safety and protection of children and their families during martial law while preserving the right of the other parent to file a lawsuit to prohibit the child from leaving the country without their consent.
A lawyer in Kyiv will provide you with proper and comprehensive protection of your rights in court. They will analyze all legal aspects of the case, gather the necessary evidence, and prepare competent lawsuits that argue the necessity of taking the child abroad in accordance with the child’s interests.
If you need to take a child abroad without the consent of the other parent, contact the Lawyers and Realtors Association of Ukraine (AROU), which will help protect your rights and interests in court and ensure a balanced resolution of the disputed situation. Do not delay in resolving such issues, as they can be significant for the future of your family and child.
