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The child was allowed to be taken abroad without the consent of his father

Publication date: November 11, 2018

To help obtain a permission for the departure of a young child abroad, a lawyer was asked by a resident of Kherson oblast who appealed to the Belozersky office of the Legal Development Network (LDN).

The woman said that she repeatedly turned to her daughter’s farther asking for his permission for a child to visit her grandmother and grandfather living in another country but the father did not provide it. The lawyer of the LDN Office at the public organization “Belozerskyi Center for Regional Development” Viacheslav Liakh helped resolve this issue.

– Article 313 of the Civil Code of Ukraine stipulates that an individual who has not attained the age of 16 actually has the right to travel outside Ukraine only with the consent of the parents (adoptive parents), trustees and in their escort or escorted by the persons authorized by them. In this case, obtaining a permit is mandatory. But there is also a judicial procedure for the resolution of such a situation – the application for a permit for a child to leave for abroad without the consent of one of the parents, – the lawyer explains.

Upon receipt of such information, the client decided to go to court for a decision that would enable her to visit their relatives.

The lawyer helped the client to make a statement of claim, which indicated the legal justification and noted that:

– Part 2 of Article 150 of the Family Code of Ukraine lays down the duty of parents to take care of the child’s health, his/her physical, spiritual, and moral development.

– Paragraphs 1, 2 of Article 3 of the Convention on the Rights of the Child of 20.11.1989 stipulate that in all actions against children, whether they are carried out by public or private institutions dealing with social welfare, courts, administrative or legislative bodies, the primary attention is given to the best interests of the child. The child is provided with the protection and care that is necessary for his/her well-being, taking into account the rights and duties of his/her parents, trustees or other persons responsible for him/her by law.

– In accordance with Principle 2 of the Declaration of the Rights of the Child of 20.11.1959, the child must be protected by law and other means, with special protection and opportunities and favorable conditions enabling him to develop physically, intellectually, spiritually and socially in a healthy and normal way, and in conditions of freedom and dignity.

As a result of consideration of the suit, the father of the child was unable to substantiate the reasons for his refusal to consent to her departure. So the court found the suit to be well-founded and fully satisfied ** the suit of the mother.

* Personal data has been changed for ethical reasons.

** A reference to a court decision in the United State Register of Judgments: http://www.reyestr.court.gov.ua/Review/76749549

P.S. The Offices of the Legal Development Network are created and operate with the support of the program “Human Rights and Justice” initiative of the International Renaissance Foundation.

The views reflected in this material belong to its authors and may be inconsistent with the opinion of the International Renaissance Foundation.

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