Is father’s permission needed if a child travels abroad with his mother for biometrics: what is important for Ukrainian refugees to know?
The topic of children going abroad with one of their parents, in particular with their mother, remains extremely relevant for Ukrainian families, especially in the conditions of war and mass displacement. Many mothers with children leave Ukraine as refugees, often unaccompanied by their husbands or with limited contact with them. Therefore, an important legal question arises: is it necessary to have the father’s notarized consent if the child has a biometric passport and goes with the mother to the EU countries? The answer depends on the age of the child, the duration of the trip and the availability of supporting documents.
Who is considered a child under the law
According to the Family Code of Ukraine and other normative acts, a child is a person who has not reached the age of 18. This general definition is enshrined both in domestic law and in international agreements to which Ukraine is a party (in particular, the UN Convention on the Rights of the Child).
However, in the area of the procedure for leaving Ukraine, the current legislation introduces an additional age limit — 16 years, which is a legally important threshold. It is this border that determines the various procedures, documents and permits that must be followed when crossing the border.
The key normative act in this matter is Resolution of the Cabinet of Ministers of Ukraine No. 57 of January 27, 1995, which approves the Rules for crossing the state border by citizens of Ukraine. Clause 4 of these Rules clearly defines:
“Citizens of Ukraine who have not reached the age of 16 leave Ukraine:
– accompanied by both parents;
– or accompanied by one of the parents – with the notarized consent of the other parent.”
This provision means that children under the age of 16 are not allowed to leave independently with one of their parents without the official, certified consent of the other parent (exceptions are provided for separate reasons, which are discussed below). In fact, a child under the age of 16 is considered to be unable to leave the country independently without the consent of both legal representatives.
After reaching the age of 16, the child, although still a minor, acquires partial independence in matters of leaving Ukraine. It is from this age that simplified conditions of departure during martial law can be applied – without the mandatory permission of the other parent, in the presence of a biometric passport and other conditions (in particular, limited duration of the trip).
This limit of 16 years was introduced not by chance. In Ukrainian law, the age of 16 often acts as a threshold for partial legal capacity or extended responsibility of a person. In particular:
– from the age of 16, a person can receive an identification code (RNOKPP);
– employment is allowed from the age of 16 (with certain restrictions);
– from the age of 16, the right to independently apply to the court in some matters is granted;
– from the age of 16, marriage is allowed in exceptional cases (with the permission of the court).
In the context of border crossing, such an age limit allows differentiating the approach to younger children, who are completely dependent on their parents, and teenagers who can already participate in decision-making or travel independently (in particular, for studies, sports competitions, etc.).
Exceptions to the rule: when consent is not required
There are situations when such consent is not required. In particular:
– one of the parents died – a death certificate is required;
– recognized as missing, incapacitated or deprived of parental rights – a court decision is required;
– there is a court decision on permission to leave without the consent of the second parent;
– one of the parents is a foreigner or stateless person, and the child is leaving with a citizen of Ukraine.
These conditions must be documented.
Martial law and simplification of procedures: who is affected
After the start of the full-scale war in Ukraine, certain simplifications of emigration for children were introduced. However, they mainly concern children aged 16 to 18, who can already cross the border independently if they have a biometric passport. For children under the age of 16, the rule on the mandatory consent of the second parent remains valid, except for cases provided by law.
Another rule applies to children under the age of 18, if the trip with one of the parents (for example, with the mother) lasts no more than 1 month. Then:
– the child has a valid biometric foreign passport;
– one of the parents, with whom she is leaving, also has documents for leaving;
– the trip does not exceed one month.
In this situation, the father’s notarized permission is not required, even if the child is under 16 years old. But only if all conditions are met.
What refugees in EU countries should pay attention to
Despite the simplification, it is worth considering the requirements of the destination countries. Most EU countries agree with Ukrainian rules, but in practice border guards may ask for proof of family ties — in particular, a child’s birth certificate, and in the case of different surnames — its translation or a document explaining the discrepancy.
If the mother plans to stay with the child for a long time, issue temporary protection status, medical assistance, enroll in school or submit documents for residence, the notarial consent of the second parent may be required in the EU – in the relevant social or administrative institutions. This is especially true in cases where mother and child stay more than once or longer than the duration of one trip.
What is important to remember when traveling with a child
- Period of stay abroad. If the trip lasts up to one month, the father’s consent is not required. If it is longer, either consent or documents that replace it are required.
- Age of the child. If the child is under 16 years of age, the consent of the second parent is mandatory, unless exceptions are met. If 16+, the child can travel with one parent without the consent of the other, but only as part of a short-term trip.
- Country of destination. Clarify the requirements of national legislation — even if Ukraine allows departure without the father’s consent, some states may require additional documents already on their territory.
- Availability of documents for the child. It is necessary to have a biometric passport, a birth certificate, preferably also a translation of documents, if you travel abroad repeatedly, with different surnames or for a long time.
In most cases, a Ukrainian mother can travel abroad with a child without the father’s consent, if the child is 16 years old, has a biometric passport, the trip does not exceed one month, and the accompanying parent has appropriate documents. However, in any non-standard situation – long-term departure, temporary residence permit, different surnames, lack of confirmation of family connection – it is better to have additional documents or notarial consent to avoid delays at the border or problems in the country of destination.
