The organization of a trip abroad of the little traveler always demands special attention from his parents. There are also legal nuances of registration of such trip, not which observance is capable to spoil it hopelessly. So, the child goes abroad, in what cases the consent of his parents and how it is made out for this purpose is necessary?
If the child goes abroad with one of parents
When the child goes to a foreign trip accompanied by one of parents, receiving a consent to such travel of the second parent is not required. The legislative provision establishing it governed, No. 114-FZ "About an order of departure from the Russian Federation and entry into the Russian Federation" contains in article 20 of the Federal law of August 15, 1996.
Let's note that because of an illegibility of the formulation of the specified situation some experts understand it in such a way that abroad from the remaining parent it does not exclude need of a consent to departure of the child at all. If parents of the child happen to face similar opinion, for maintenance of confidence in them in uselessness of a consent of the second parent it will be pertinent to refer to the explanation of this question containing in the letter of frontier guards of June 27, 2007 No. 21/7/1/3 in which profile department absolutely definitely declared that in case of departure from the Russian Federation of the minor citizen of the Russian Federation together with one of parents of a consent to departure of the child abroad from the second parent it is not required.
Now frontier guards are guided by this rule, and when crossing border the child and due to the lack of a consent from the remaining parent should have no parent of problems accompanying it.
Often parents, especially when between them are had conflict relations, cannot reach consensus concerning expediency of travel of the child abroad. The current legislation gives in hands of the parent who does not consider that the foreign trip is safe for the child and quite effective means for hindrance by it is equitable to his interests: the appeal to competent authority with a request for establishment of restriction on departure of the child abroad.
Order of registration and submission of such statement are defined by the Resolution of the Government of the Russian Federation of May 12, 2003 No. 273. The document contains the following rules. The application for disagreement on departure from the Russian Federation of the minor citizen of the Russian Federation is written in a free form, by hand or by means of the printing device, and moves personally interested parent in the Office of the Federal Migration Service in a place of his residence / stay or in body of frontier control (at himself the applicant needs to have the passport). The full name, a floor, a birth date and birth place, a residence and nationality of both the applicant, and the child concerning whom it is necessary to establish a ban on departure from the Russian Federation have to be specified in the statement. It is necessary to enclose the notarized copy of the document confirming the parental rights to the application (for example, birth certificates of the child).
After submission of such statement concerning the child restriction on its departure out of borders of the Russian Federation is set, and data on it are brought in a database information from which is requested by frontier guards every time when passing by the minor of frontier control. Respectively, the child, given about which are available in such base, will not be able to go abroad, and the second parent for lifting of restriction should appeal to court. Thus it is necessary to consider that if the "discordant" parent in the subsequent will change the mind, will make out a consent to departure at the notary a useless waste of time – while at base there are data on the child, on frontier guards this "piece of paper" will not take any effect.
Possibility of "cancellation" of the statement for disagreement through body in which it moved, is not provided by the current legislation though in some regions such and practices. Therefore to the changed the mind parent there is a sense to address in corresponding to the Office of the Federal Migration Service. In general in regulation of an order of registration of the statement for disagreement there are many gaps and razmytost. For example, the order of informing the second parent on the imposed restriction on departure of the child owing to what that trip abroad "is ordered" by it, the child and the parent accompanying it often learn directly when passing frontier control is not established. There is no clarity and in to what body it is necessary to address to receive this information independently. Frontier guards, for example, suggest to request these data in the corresponding Offices of the Federal Migration Service.
When parents of the child need to visit the notary
Quite often the child goes to a foreign trip not with parents, and accompanied by the third parties – grandmothers or grandfathers, aunts or uncles, other relatives or simply familiar parents. In such cases the child has to have notarially issued consent from parents to departure from the Russian Federation (surely the original). Thus it is enough to have such consent only from one of parents. This question by the same article 20 of the Federal law "About a departure order is regulated...", and the corresponding explanations contain in the letter of frontier guards which was already mentioned above.
Besides, to visit the notary for the certificate of a consent to departure from the country it can be demanded and in case such document is necessary for registration of the visa of the foreign state and/or entrance to it. Thus the consent can be necessary as from both parents (when the child goes to a trip accompanied by the third parties), and only from remaining (if the child travels together with one of parents). Concrete rules are established by the legislation of the relevant foreign state.
The Russian legislation imposes 2 main requirements to the maintenance of a consent to departure of the child – in it the term of departure and the state (states) which the child intends to visit have to be specified. Necessary templates, as a rule, are available for notaries, and difficulties with drawing up the document in most cases do not arise.
Problems can appear in those situations when the child's trips abroad have regular character and the parent (parents) not to spend further the time and money, wishes (yut) to issue a consent to long term – for some years or in general to majority of the child, and thus to specify as much as possible countries which the child can visit in the document.
At the solution of this question frontier guards are guided by the explanation of Department of legal regulation and control in the sphere of legal aid of the Ministry of Justice of the Russian Federation containing in the letter of October 20, 2009 No. 16-1598 from which follows that the termination of term of a consent can be defined both concrete date, and an event, for example, occurrence of majority, the termination of period of validity of the passport or visa etc. Thus, at presentation during frontier control of the consent which is given out, for example, for 5 years or to majority of the child, unpleasant questions should not follow.
However to issue a consent to such term not always happens simply as notaries have a dissenting opinion about what terms in this case can be considered as the admissible. They proceed from this that the consent has to be given for the concrete trip abroad planned for a certain period of time and refuse to certify a consent, given out more than for 3-4 months.
If it happened to parents to face such notary, at desire of its action it is possible to appeal in court – the law in this case not on its party. It is more difficult when special requirements to terms are imposed by consulate of the foreign state – some of them the consent is required by all means "fresh".
In a consent the standard names of the states in the international relations have to be specified; if the child intends to visit some foreign countries, their names need to be listed through a comma. Formulations like "any country of the world", "the countries of Latin America", "the Baltic countries", etc. are not allowed.
Thus, if the little traveler goes to a trip with mother or the father, a consent to its departure from the Russian Federation from the remaining parent it is not required; if on travel of the child the grandmother accompanies only, for example, the consent from any of parents is required; the consent can be demanded and for registration of the visa according to the legislation of the country of travel, and both from one, and from both parents. Well and if according to the statement of one of parents restriction on departure out of borders of Russia is imposed on the child, the foreign trip for it becomes impossible until this issue is resolved by court.