During the holidays, the problem of obtaining permission to leave from the second parent becomes especially relevant. How to get permission in court if one of the parents is categorically against leaving?
When the second parent is against resting with a child abroad, there are two ways: change direction and travel to Russia / a country where a visa is not needed, and also go to court for permission.
3 tips for those who decide to seek legal leave with a child in the courts
Do not postpone resolving the issue with obtaining permission - the term of the trial is 2 months. Another month is given to appeal. If the defendant is against the decision, you should also add the time of the appeal with cassation. Therefore, contact the judicial authorities no later than 4-5 months before the trip
Important. Before going to court, we recommend that you send the second parent a certified letter with a notification requesting permission to leave. The lack of a positive response in the form of a notice that will be returned will be good evidence in court that you wanted to resolve the issue out of court.
- Indicate in the statement of claim a specific destination for vacation and specific travel dates. Judicial practice suggests that judges often refuse in case of "vague" claims. As the Supreme Court explained in one of the decisions, the second parent has the right to know when / where his child will rest and express his opinion on this matter. And the lack of clear information violates this right.
- In the process of gathering evidence, do not forget to pay attention to the parenting issue of the defendant. If he does not pay child support or has not seen the child for a long time, if possible, it will be much easier to win the court. You will need to provide evidence of the parent's evasion to the court. This can be, for example, a decision on the calculation of a debt from a bailiff or testimony from people close to your family, who will confirm that the second parent does not participate in the child's life.
Important. If the child is over 10 years old, then he will also take part in the proceedings. The judge will question him during the trial.
