Publication date: 01.06.2024
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Departure of a child abroad accompanied by relatives during martial law
Martial law is a special state in Ukraine, which may have been declared by the President in connection with the threat to national security, the aggression of the Russian Federation. During martial law, the government introduced various measures to ensure security and order, including restrictions on citizens' rights, mobilization of resources, imposition of curfews, and other measures.
During martial law in Ukraine, special rules are established for the departure of children abroad. These rules may be slightly modified or strengthened depending on specific circumstances. During martial law, children may travel abroad accompanied by one of their parents, grandparents, an adult brother or sister, stepmother or stepfather, or other persons authorized by one of the parents in a written statement certified by the guardianship authority, without the notarized consent of the other from parents The guardianship authority may grant permission for the child to leave without the consent of the other parent in the absence of the other parent, his incapacity, unknown absence or other objective reasons.
Documents required for the departure of the child
1. Passport of a citizen of Ukraine for travel abroad.
2. Child's birth certificate (in the absence of a passport).
3. Statement of one of the parents, certified by the body of guardianship and guardianship:
If the child is traveling accompanied by other persons (other than parents), a written statement from one of the parents, certified by the guardianship authority, is required.This application must contain clear instructions regarding the date and place of departure of the child, as well as information about the authorized person.
4. Other documents confirming the identity of the child and authorized person.
Conditions for leaving Ukraine for orphans or children deprived of parental care
The main conditions for leaving Ukraine for orphans or children deprived of parental care who have not yet reached the age of 18 include:
Accompaniment of a legal representative:
Children must be accompanied by a legal representative when traveling abroad.
Issuance of an order by the director of the institution:
The director of the institution where the child is staying must issue an order to leave.
Written consent of the Children's Affairs Service:
It is necessary to obtain written consent from the children's service at the place of application or the children's service of the regional military (military-civilian) administration.
Indication of the state of final stay of the children:
The agreement must contain an indication of the state in which the children plan to stay permanently.
These conditions are most likely designed to protect children and ensure their safety and well-being while traveling and staying outside the country without parents or legal guardians.
Inviting institutions, organizations and local self-government bodies from another state to take measures for children who plan to stay in this state can be an important step in the process of organizing and coordinating their stay.An important rule that guarantees the priority right to pass control across the state border for persons with disabilities of the I group and children with disabilities, together with their accompanying persons. Persons with disabilities of group I and children with disabilities may have specific needs and limitations, so this rule helps ensure their safety and comfort when crossing the border.
An important part of this rule is that, together with persons with disabilities, no more than two accompanying persons may have the priority right to undergo control. This ensures the efficiency of the process and the necessary level of control at the checkpoints, while allowing relatives or support persons to accompany disabled people on their journeys across the border.
Prepare all the necessary documents for the child's departure in advance to avoid possible problems at the border.
Finding a qualified attorney with experience in children's and expatriation matters is an important step in ensuring your child's rights are protected and your expatriation is successful.
