How To Find Out If You Need A Power Of Attorney To Take Out A Child

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How To Find Out If You Need A Power Of Attorney To Take Out A Child
How To Find Out If You Need A Power Of Attorney To Take Out A Child

Video: How To Find Out If You Need A Power Of Attorney To Take Out A Child

Video: How To Find Out If You Need A Power Of Attorney To Take Out A Child
Video: Power of Attorney Explained 2024, November
Anonim

By means of a power of attorney (consent) for the removal of the child, the parent declares that someone is authorized to accompany the child on the trip. This can be a relative, guardian, tour leader, etc. That is, any third party. One of the parents (or both) must have their signature certified by a notary.

How to find out if you need a power of attorney to take out a child
How to find out if you need a power of attorney to take out a child

When permission to leave from one of the parents is required

Before traveling, you need to inquire about the peculiarities of the legislation of the country where you plan to enter. Schengen countries require departure to be agreed by both parents. This requirement applies during the period when the child receives a visa. It must indicate the travel dates and the details of the accompanying person.

If a child leaves the Russian Federation with one of the parents, then the second consent is not required. States where visa-free entry exists for Russian citizens do not require any permits. After all, usually children are accompanied by one of the adults. Of course, if the other parent does not agree to let the child go abroad and declares this in the prescribed manner, it will be much more difficult to leave.

As for such countries as Armenia, Kazakhstan, Kyrgyzstan and other former republics of the USSR, children under 14 years of age can travel there with a birth certificate in their hands. For an older child, a Russian passport is required. When entering or transit through these countries is accompanied by one of the parents, authorization papers from the other parent are not required. If the child is being transported by third parties, at the border, he has the right to demand a notarized power of attorney. Its absence may result in a refusal to enter the country.

How to get a document allowing a child to travel abroad

It's good when ex-spouses communicate. But most often the location of the father (and sometimes the mother) is unknown. Then the visa center can take note of the police certificate. It must confirm that the whereabouts of the father cannot be established. For example, the district police officer knows for sure that the wanted citizen does not live at the address of registration.

The situation is much simpler if only the mother has parental rights to the child. For example, the father is inscribed on the birth certificate from her words. To do this, in the registry office you need to take form number 25, which confirms this fact.

Recently, more and more often, parents are turning to the court with a claim “to establish a fact of legal significance”. That is, the court must confirm that the second parent does not take part in the upbringing. Or the fact that the trip abroad is of great importance for the child. As a rule, it is not difficult to do this in case of leaving for study or medical treatment. If the court is convinced by the arguments, then its decision will be positive. With the decision of the court, you can go to the visa center, where it will be taken into account instead of consent to leave from one of the parents.

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