Usually, when issuing a tourist voucher, a mother traveling with a child alone is asked to prepare the father's consent for the child to travel abroad. Many, relying on the experience and knowledge of a travel agency employee, prepare the required consent without wondering to what extent it complies with the current legislation of the Russian Federation.
Instructions
Step 1
Crossing the borders of Russia is regulated by Federal Law No. 114 "On the procedure for leaving the Russian Federation and entering the Russian Federation". The law clearly states that a minor has the right to leave Russia accompanied by both parents, in the company of one parent, alone or with a third party (with parental consent).
Step 2
If a minor child is traveling with the mother, then it is not required to obtain consent to leave from the father. In this case, it is necessary to take into account the legislation of the country of destination. Consent to travel may be required when applying for a visa and crossing the border of a foreign state. The consent itself may not be enough, they may require a translation of the father's consent to travel into the language of the host state.
Step 3
The father's consent to the departure of the child is made in writing and notarized. The document must contain information about the host country, information about the duration of stay on the territory of a foreign state.
Step 4
To obtain the father's consent to travel abroad for a minor child, the notary must provide: the passport of the father, child, accompanying person, birth certificate, information about the trip.
Step 5
If the family is complete and everyone lives together, then the preparation of the necessary documents for the trip is not problematic. As a rule, problems with obtaining consent for a child to travel abroad arise in families where the parents are divorced.
Step 6
If the father does not have an objective reason for refusing to issue consent to the child's departure abroad, and the refusal can be argued only by the bad attitude towards the ex-wife and the desire to "annoy", then you can try to resolve the dispute in court.
Step 7
Considering that the child is not a powerless person, and the right to freedom of movement in the Russian Federation is enshrined in the Constitution of the Russian Federation, then we can talk about the infringement of the rights of the child.
Step 8
To begin with, ask your ex-spouse in writing to provide consent for the child to travel abroad. Without obtaining consent or written refusal, form a package of documents for obtaining a Schengen visa. To leave Russia, consent is not required, but it is required upon obtaining a visa and upon entering the territory of the Schengen Agreement.
Step 9
Having received a refusal to issue a Schengen visa, due to the absence of the father's consent to leave the child in the package of documents, feel free to translate and properly certify the document.
Step 10
Write a statement to the court that the child's father infringes on the child's rights, hindering his free movement. Attach a refusal to issue a visa and confirmation that you applied to him in writing. Guardianship authorities can be involved in the process. The process requires a lot of effort and time, but there is no other way out in this situation.
Step 11
You can, of course, travel to countries that do not require consent to leave, but then the question arises who will protect and defend the rights of the child, if not his mother.
