It often happens that parentsare forced to send their child abroad alone or with close relatives, and also as part of a tourist group. Since the child is not yet 18 years old, his or her official guardians must competently agree to leave the child for the territory of Russia. It is important to understand what information is included in this document, who is engaged in its design, in what situations it is required, and whether the notarization is necessary.
When is consent usually required?
Each country independently develops differentrules on the basis of which the border can be crossed by a child without the presence of one or both parents. Therefore, law enforcement agencies of any state should make sure that the child leaves his native country with their approval. To do this, you must have written consent for the child's departure abroad.
This document is required in several situations:
- transfer of documentation for a visa if it is required for a visit to a state;
- when leaving the country where the child permanently resides;
- when passing control in the state where the child arrived.
During preparation of different documents forIt is important for a minor to take into account the legislation of not only the Russian Federation, but also of another country. Therefore, parental consent for the departure of a child is standard, requires a notarization, since only under these conditions the document has legal force.
Do I need consent when traveling with my parents?
If a child comes to another country with his mother and father, then no consent is required.
It is not uncommon for situations when only one of theparents accompany the child. If you plan to visit the Schengen countries, you will need permission to travel from the second parent. At the same time, the document clearly indicates the amount of time a minor can spend in a state. Lack of consent can cause citizens to not pass passport control.
Find out whether the consent of the parents to the departure of the child, you can directly from a notary, from the visa officers or employees of the MFC.
Also often the mother and the child have different surnames. Under such conditions, the mother must have documents confirming her kinship with the minor.
How is the trip accompanied by third parties?
Often you need to send your baby to another countryaccompanied by relatives or representatives of various institutions. For example, if a child goes to another country for sports competitions, then it is the coach who accompanies him. Under these conditions, the following steps are required.
- Official guardians are obliged to compile and notarize the consent to leave the child without parents to another country.
- A power of attorney is issued to the accompanying person.
- There should be no prohibitions on the part of parents that the child should leave the country.
When passing passport control, border guardsusually require consent from both the mother and the father. Therefore, two documents are formed at once. If there is no agreement of the father to leave the child abroad, but there is permission from the mother, even under such conditions the minor will not be able to travel. It is allowed to make one document, but it must be expressed by the consent of the mother and father.
Nuances of independent travel
According to FZ No. 114, it is allowed that minorscitizens traveled independently, so they do not need accompanying parents or third parties. However, it is important to take into account the requirements of the Ministry of Transport, which include the following:
- if the traveler is not yet two years old, then necessarily accompanying adults;
- Children between 2 and 12 years of age must travelonly under the supervision of employees of transport companies, and for this parents must compile a special agreement with the organizations, as well as pay for their services;
- From the age of 12, minors can freely travel independently.
Theoretically from the age of 12 every child canindependently go to another state. But it is also important to take into account the requirements of other countries. Therefore, the consent for the child's departure abroad, drawn up by the parents and certified by a notary, is normally required.
When is permission necessary?
Without fail, such a document is drawn up in situations where:
- the trip is made in the company of strangers, not parents;
- the child travels alone;
- when visiting countries far away from abroad with one of the parents - requires the consent of the second parent to leave the child.
In some countries, when traveling with my mother, neverDo not need permission from the pope, but this fact needs to be studied in advance. It is often impossible to obtain consent from the father, for example, he is in prison, missing or serving in the army. Under such conditions, it is important to obtain an appropriate confirmation in court or another state body that replaces this consent.
When is the document not required?
If the child travels with his mother or father, then there is no need for permission from the second parent to travel to neighboring countries, Turkey or Egypt.
In all other states, this document may beTo be requested, although in practice such a requirement is rare. It is advisable to initially create the document, so that no boundary problems arise.
Therefore, the child must have a passport, birth certificate or Russian passport and consent to leave the child, compiled by the parents.
How correctly to issue?
The procedure is carried out exclusively withattraction of a notary. Initially, you need to know whether you need consent to leave the child. After this, you will have to contact the selected specialist. The following requirements are taken into account when drafting a document:
- the document must contain information about the minor himself and his companion;
- information about the journey is indicated;
- the exact period of time during which the permit is valid;
- the specialist is required to pass the parents' passports, as well as the passport or the certificate of the birth of the child.
The law states that givingconsent to leave the child can only be for a limited period of time. To do this, you can prescribe a specific date, and it can also indicate that the permit is valid until the date of the visa termination or until the child's legal age. If a child needs to regularly visit other countries for sporting events or visits to relatives in the future, it is advisable to indicate as long a period as possible. This is due to the fact that for registration of the consent of the father for the departure of the child to another country it is necessary to pay the notary's services, and usually the cost of the specialist's work is approximately 1.2 thousand rubles.
Who forms the document?
The parents, representatives or guardians of the minor themselves can compose this documentation.
Can not deal with the formation of consentgrandmothers, aunts or other relatives. It is the notary who confirms that the consent for the child's departure is made by the immediate official guardians, and not by distant relatives.
In what language is the text written?
In the formation of this document,where the trip is planned. If it is checked only on the Russian border, then the text in it should be compiled in Russian. It is not required to translate it officially.
But if a child leaves for the European Union, thenthis document may be requested by the services of that State. Under such conditions it is recommended to translate it into English. Visa control personnel usually inform citizens about the need to transfer consent. Therefore, the juvenile must have two documents, filled in different languages.
If there is no translated permit, the child may have problems in the country of destination.
Rules of registration and drawing up
Parents need to understand howthis permission is correctly formed. Initially, it is important to know whether the consent of the father is necessary for the child's departure. Then we study the rules for its compilation. The main recommendations are:
- for the preparation of the document a standard form is applied, moreover, all information is entered only by a lawyer or a notary;
- it is not recommended to use the handwritten form for this purpose;
- data of the passport and other documents of parents and the child are entered;
- on the border, a document filled out by hand may not be accepted, since the handwriting can be illegible, so it is important to fill out the document in hard copy, after which it is signed by the parents;
- if all the points of the documentation are filled in by hand, then there must be a really legible and understandable handwriting;
- The handle should be blue or black;
- there are no possible corrections or errors;
- each notary has a standard form, so parents may not care about looking for this document on the network.
The signature of parents should be handwritten, notit is allowed to use the facsimile. In the end, the notary's notes are put down, namely, his signature and office stamp. If these requisites are not available, such consent will not be accepted at the border, since it does not have legal force. Responsibility for different mistakes lies precisely with the lawyer, as the compiler of the document. A sample of consent to leave the child can be seen below.
How correctly information is entered?
Usually it is the notary who writessuch consent. But at the same parents themselves must monitor this process, so that the document contains all the necessary information. Data is entered sequentially, therefore the following information is entered:
- passport details of parents or one parent;
- information from the sv-about the birth or passport of a minor;
- if the child travels to another country with an accompanying person, then information from the passport of the citizen is entered;
- information about the state to which the minor is sent;
- indicate the purpose of the trip.
It usually does not take much time tocompilation of this document. At the end there is a block with the requisites of the lawyer himself. Notarial consent for the departure of a child to another country is legal due to participation of a notary. Such a document is valid on the territory of the Russian Federation and other countries.
How to be certified?
The attorney is solely responsible for the notary, who has the appropriate education and is officially registered in the Russian Federation. An unconfirmed document will not be accepted at the border.
The certification requires not only the signature of a specialist, but also a seal.
How is the ban?
On the basis of the provisions of Federal Law No. 114, each parentcan form an official ban on the departure of a minor abroad. There may be different reasons for this, and a document is drawn up at any time, without the need to prove the existence of any valid reasons.
To form a ban you need to visitbranch of the FMS, where the relevant application is transmitted. Going with a child abroad after this will not work even for the applicant himself. The second parent is not notified of the prohibition, so usually only on the border he learns that a minor can not travel to another country. However, you can find out about the availability of the ban in advance by submitting an appropriate request to the FMS.
This restriction is removed exclusively through the court.To do this, there should be good reasons for crossing the border, for example, a child must undergo treatment or attend sports competitions. If the arguments of the parent are really convincing, then the court can decide to lift the ban.
Nuances of the passport for a child
That the minor was able to visit anothercountry, he must have not only permission from his parents, but also other necessary documents. These include a passport, drawn up at any time. For its formation, it is not required that the child is already 14 years old.
Children can be entered in the passport of the parentOnly if there is an old-style document. It is more expedient to immediately take care that the passport was available for the child himself. For preparation it is required to prepare the following documentation:
- a correctly written statement by the parents in the form of a questionnaire;
- Birth certificate or passport of the child, where his citizenship is registered;
- passport of the applicant's parent;
- if the old passport is replaced, the previous document is required;
- a receipt confirming payment of the state duty;
- if the child is absent from the parents, in view of what the official guardian is engaged in registration, an act on the appointment of a guardian or guardian is submitted additionally;
- photos in the size of 3.5 x 4.5 cm.
It is urgent to issue a new passport at once, for which you have to pay 1.5 thousand rubles, if the child is not yet 14 years old, and if he is older than 14, then 2.5 thousand rubles are paid.
Only with the consent of the parents andcorrectly drawn up passport, a minor can travel to different countries with accompanying persons or alone. Often, parents use the services of different transport companies that provide escort for a certain cost, so when they arrive at the place, the employee of the organization ensures that the child meets the right people.
Conclusion
Thus, it is often enough for parentsIt is necessary to form an agreement so that the child can visit another country without them. It is important to understand when this document is needed, and when it is possible to do without it. Documentation is generated only with the help of a notary, who additionally performs the certification of the paper. If there is no agreement, the child may have problems crossing the border.
In addition, a juvenile must have a properly issued passport. It is not uncommon for parents to impose a ban on the departure of children for the territory of the Russian Federation, which can only be removed through a court.
