Publication date: 27.05.2024
Lawyer
Escort when crossing the border of a man who has three or more dependent children or is raising a child on his own
In the conditions of martial law in Ukraine, many men are faced with the fact that a temporary restriction has been imposed on the right to travel outside of Ukraine. However, the legislation provides certain exceptions for men who have three or more children under the age of 18. Or a man raises a child on his own. In this article, we will consider the rules for crossing the border for men who are fathers of large families, and what documents must be carried with them.
Border crossing rules for men
According to the first part of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", the categories of persons who are allowed to leave Ukraine are defined in clauses 2-6 of the Rules. In particular, the fourth paragraph of Article 23 of this law specifies that women and men who have three or more children under the age of 18 to support them have the right to cross the state border.
Departure of a man who is the father of three or more children
Men who are parents of three or more children can leave Ukraine if they have documents confirming the fact that these children are supported. It is important to note that the determining factor is retention itself, not parentage.
To cross the border on this basis, the following supporting documents must be provided:
Birth certificates of children (three or more);
Certificate of registration of marriage with the mother of the children and, accordingly, birth certificates of these children;
or
Court decision on divorce and determination of the place of residence of children with their father;
Decision of the body of guardianship and care on determining the place of residence of children with their father;
Certificate of the father of a large family.
If the husband does not live in the same family with his children, it is necessary to provide proof of maintenance of such children. Corroborating documents can be a court decision on the appointment of alimony and a certificate from the executive service on the absence of arrears in payment of alimony.
Departure of a husband without children
For a man who is the father of three or more children, it is possible to cross the border without children in the presence of the children's birth certificates or their notarized copies.
Departure of a man who is raising one or more children on his own
According to the fifth paragraph of Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", men who independently raise a child (children) under the age of 18 also have the right to leave Ukraine.
What documents are needed to cross the border ?
Birth certificate of the child(ren);
Death certificate of the child's mother or
A court decision to deprive the mother of parental rights or
A court decision to take the child away from the mother without depriving her of parental rights or
The court's decision to recognize the missing mother as absent or
The court's decision to declare the mother dead.
However, it should be taken into account that in case of remarriage, the husband is no longer considered a person who raises the child independently.
Conditions for crossing the Polish border
If you are fleeing the armed conflict in Ukraine, you will be allowed into Poland. Even if you do not have all the necessary documents, you can be allowed into the country if you have a domestic or international passport, birth certificates and medical documentation. Poland provides temporary housing, food, medical care and a place to rest.
How to find out if you can go abroad
To find out whether you can go abroad, you need to check the availability of all the necessary documents and make sure that your case falls under the exceptions established by law. In case of doubt or need for additional information, it is recommended to seek advice from specialists.
Conclusion
Leaving Ukraine for parents of three or more children requires compliance with clearly established rules and the availability of relevant documents. This can be a complex process that requires skilled assistance.
Contact the lawyers and lawyers of "Legal Marketplace Consultant" LLC for legal border escort, for professional advice and other legal assistance. Our team of experienced specialists will provide you with the necessary support and help you solve all legal issues related to border crossing.
