A child’s departure abroad without the consent of one of the parents: what is important for Ukrainian families to know
The departure of Ukrainian children abroad during martial law for many Ukrainian families became a forced step related to security, evacuation and the search for temporary shelter. For parents who found themselves in different countries or lost the opportunity to have daily contact with their child, the issue of preserving parental rights after such a departure became particularly acute, because the simplified procedure for crossing the border does not eliminate disputes regarding communication, upbringing and participation in the child’s life.
Changes in the rules for departure during martial law
During martial law, a child under 16 years of age may cross the state border accompanied by one of the parents or guardians without the notarized consent of the other. This procedure is enshrined in the Resolution of the Cabinet of Ministers of Ukraine No. 57 and will be in effect until the end of the legal regime of martial law. For families who left in danger, this rule became a practical solution, as it made it possible not to waste time on additional formalities at a time when the main thing was to take the child to a safer place.
Due to this change, the fact of crossing the border with a child without the written permission of the other parent does not entail liability solely due to the lack of such consent. In this case, the father’s consent is not required, but he retains the opportunity to challenge the child’s departure outside Ukraine without his consent if a dispute arises after this regarding his participation in the child’s life.
Conflict after the child’s departure
The most acute disputes begin after departure, as the conversation moves from crossing the border to the child’s daily life outside Ukraine. For one parent, departure may be a decision related to safety, housing and the search for stable conditions, for the other — the loss of familiar contact, uncertainty about the duration of the child’s stay abroad and the feeling that he has been removed from upbringing.
In such cases, it is not so much the fact of departure itself that matters, but its consequences for the other parent. If, after the move, there are obstacles to communication, there is no access to the child, or one of the parents completely controls the connection with the child, the conflict moves to the legal plane. Because of this, an appeal for help usually concerns a wider range of circumstances than a trip without notarized consent.
Circumstances without which it is impossible to assess the situation
It is necessary to first clarify the content of the claim and the purpose of the appeal, since without this it is impossible to determine what method of protection will be appropriate. In such cases, several circumstances matter: whether there are really problems in communicating with the child, whether one of the parents participated in his upbringing before the departure, whether alimony was paid, for how long the child was taken abroad, and whether the person tried to resolve the conflict through an appeal or through the court.
This approach is necessary in order to separate the real violation of rights from the emotional denial of the departure itself. This is especially important for Ukrainian refugees, because several different lines of conflict can be combined in one case: the child’s place of residence, the order of communication, participation in upbringing and the unwillingness of one of the parents to put up with the child’s long stay outside Ukraine.
Communication with a child after moving abroad
In cases where the return of the child to Ukraine does not yield results, legal assistance may concern the restoration of permanent contact between the child and the parent who remained separate. Lawyers in such situations work to ensure that the person has the opportunity to regularly communicate with the child by phone or via the Internet, since for families separated by war and the border, such contact often becomes the only real form of participation in the child’s life.
However, this is not the only possible solution, because the course of action depends on the needs of a particular client. If the problem is broader and systemic in nature, its solution takes time, and the competent actions of one of the parents together with professional legal support can significantly affect the further course of the dispute.
The case may reach the court if one of the parents does not allow the other to communicate with the child at all or does not comply with the decision of the guardianship authority. In such a situation, the specific conditions of participation in upbringing become the subject of consideration: the schedule and form of communication, meeting places, the possibility of rest together and other issues related to the child’s personal contact with the parent who lives separately.
When determining such an order, the interests of the child, his age, state of health, attitude towards both parents and other important circumstances are taken into account. For Ukrainian families who ended up in different countries after evacuation, such a procedure often becomes a way to consolidate at least understandable rules of communication if an agreement between adults has not been reached.
Documents for a child’s departure abroad
To cross the border with a child during martial law, the child’s international passport is required, as well as the documents of the person accompanying him. The material states that in order to travel, the child actually needs a passport and a document that allows for travel abroad, in particular a birth certificate or a power of attorney from the parents.
Children under 16 years of age can travel with one of their parents or with relatives. If the child is accompanied by another person, a written power of attorney is required. To travel as part of a group of children, an order appointing an adult leader is also required. The requirements may depend on the situation and the country of destination, so before traveling, you need to check the rules of the country to which the child is going.
For Ukrainian refugees, this topic is important, since the legality of travel and further actions in the event of a conflict between parents depend on the correct understanding of the rules. Martial law allowed one parent to take the child abroad without the notarized consent of the other, but after moving, the possibility remains to appeal violations in the field of communication, participation in upbringing and access to the child. Therefore, for families divided by war, it is important to see in such a situation the full range of consequences that arise in this situation.
