Rus Articles Journal

Abroad - with the child: legal aspects of

It is known that travel is very pleasant occupation. And travel with the child - twice pleasant. But much more troublesome. And the parents planning rest outside Russia have many questions at once concerning what documents need to be processed for free departure of the child abroad.

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the passport!

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According to the Russian legislation, departure both adults, and children from Russia it is carried out under the valid identity documents of the citizen outside the Russian Federation. For adults such document is the international passport. As for children, especially absolutely small, until international passports of an old sample work, the law provides a certain freedom of choice: it is possible or enter the kid in the passport of the parent (parents), or to make to it own passport.

we Will consider in more detail both of these options. So, the small child can be entered in the passport of an old sample (the passport without biometric data *) one of parents along with registration of the passport of the adult or in already valid passport. To six-year age for this purpose the photo of the kid is not even required. However if the child was six years old and he is entered in the parental international passport, then in the passport it is necessary to paste its photo.

needs to be remembered that in this case with the kid only that parent in whose passport it is entered abroad will be able to leave. Neither grandmothers, nor grandfathers, nor other relatives simply - naprosto will be able to take the kid with themselves. Except parents, it is forbidden to enter the child in the passport of other relatives the law. Therefore if you plan trips of your child not only with you, but also with other relatives, it is better to make to the child the own passport.

Own international passport on the child can be issued by

right after his birth. That is even babies have the right to leave to other country on the personal paper proving their identity. The passport is issued according to the written statement of the lawful representative of the child - any of parents, the trustee or the adoptive father. Grandmothers, grandfathers and other relatives have no right to submit documents for issue of the passport to your kid as are not his lawful representatives. The application should be submitted to the federal executive body of the power authorized for implementation of functions on control and supervision in the sphere of migration; in other words, it is necessary to address in pasportno - visa service of law-enforcement bodies at the place of residence of the lawful representative of the child. The parent needs to fill in the questionnaire of the established sample as on issue of own international passport, but not in duplicate, as on the adult but only in one, at the same time no assurance of a human resources department at work is required from this parent. And only in the corresponding column the instruction on issue of the passport to the child becomes:“ I ask to issue the passport to my child“. The application form can be taken directly in pasportno - visa service or to unpack from the Internet. Filling of the statement as by hand (printing letters and without any corrections and mistakes), and with use of other printers is admissible (for example, the computer). If you have several children and you plan to do them passports, then application forms are filled in separately for each child.

Registration of the passport of the child at the place of residence usually occupies with

two - three weeks, but anyway should not exceed one month. If parents or the child are registered in one city, and live in another, then it is possible to receive the passport in the place of stay, but procedure of registration will take about 4 months from the date of submission of documents because in pasportno - a visa table will make request in the place of a registration and more carefully to check documents. But in practice these terms can be extended depending on a season and the number of the submitted applications (before New Year`s vacation and summer holidays flow of persons interested to issue the international passport is usually observed). In the presence of the documents confirming the circumstances connected with need of the emergency treatment of the child and demanding departure out of borders of our country, term of registration of the passport should not exceed 3 working days from the date of filing of application and all documents.

Presence of the child when obtaining the international passport of an old sample is not required to

. As the kid himself is not able to write yet, in the passport the crossed out section in that place where there has to be a signature of its owner is put. To receive already issued passport of the small child, the parent needs to have with himself the Russian passport and the birth certificate of the kid.

State-of-the-art

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even more often is said Now that shortly issue of passports of an old sample will stop and trip abroad will be carried out according to the international passport of new generation, i.e. according to the passport with the built-in microchip. In this regard there are many questions as such passports appeared in our country relatively recently: yet not in all cities there are a necessary equipment and technical base for their registration. Therefore still valid documents are the passport and old, and new type. As for the biopassport, it on appearance not really differs from old. Only the fact that the page with the photo of the owner is placed not at the end of the passport as was before, and at the beginning attracts attention. The chip where the graphic representation of the person and text information of the face of the passport contains is built in this photo.

For registration of the passport of new generation needs to have with themselves the completed questionnaire in one copy with the pasted photo, the birth certificate of the child, an insert about nationality and their copy, and also originals and copies of those pages of passports of parents which contain significant information, and the receipt on payment of the state duty. It should be noted that registration of the passport will be more expensive from - for increases in cost of the form of the document which is made only at factory Goznak. So, on the child the size of duty makes 500 rubles. The picture on the chip is taken directly at documents acceptance therefore presence of the child is obligatory. Besides, in the near future will add dactyloscopy and the image of an iris of the eye of eyes to the biopassport, and then it will justify completely the name as will contain information on physiological features of the person.

the New passport with the biochip possesses such feature that it is impossible to enter your child as the microchip contains electronic information only on one person - the direct owner of the passport in it. Therefore parents will have no choice: the child without fail will have to have the passport.

Should remember

that before expiration of the international passport of a former sample it can use quietly. However some countries, for example the USA, Canada and Great Britain, accept increased security measures at entrance on their territory of foreigners. Therefore there can be difficulties on limit of data of the states if the passport without the built-in chip is used. But if you plan trips with the child to other countries, then to do the new passport before the termination of validity period old there is no sense.

For free departure

we will talk Now about what documents are required directly at departure of the child abroad. According to the order of Russian Federal Border Service, all minor children at departure from Russia to the CIS countries and foreign countries accompanied by parents have to have the document confirming relationship with parents or other lawful representatives (the birth certificate or about adoption). This rule extends as to those children who have the passport, and on those who are entered in the passport of the parent.

If the child goes to travel with one of parents, then on border the notarized consent of the second parent to departure of the child with the indication of term of departure and the place of an estimated trip can demand from you. In principle frontier guards should not do it. But article 20 of the Federal law “About an order of departure from the Russian Federation and entry into the Russian Federation“ allows double interpretation. In it it is told only about need to the child to have a consent of both parents in case he travels one. But at the same time the question of departure of the child with one of parents is held back. In this regard on control - check point often demand such consent. Of course, you have the right to take with yourself the law and to prove the case, but trial can drag on, and you can be late aboard the plane or you will be landed from the train. Naturally, you can appeal to court, but the trip - that will be cancelled, and rest will be spoiled. Unfortunately, such cases not a rarity. Therefore it is possible to advise - to make everything such consent to departure of the child. At the same time even if parents dissolved the marriage, it is good to have a consent of the second parent as divorce does not mean deprivation of the parental rights. The exit visa of the child from the second parent is made out only according to original documents (copies are not accepted). If several trips together with the child are supposed, then it is necessary to make out a consent to a certain term during which trips are planned. If you take out the kid from Russia for the term exceeding three months, then the consent of the second parent has to be certified by agencies of guardianship and guardianship at the place of residence of the child.

the Documents necessary for registration of the international passport

Krom of the statement needs to provide to
the package of documents including in - the first, the birth certificate of the child and his copy (notarial assurance of the copy is not required); in - the second in case you have a birth certificate of an old sample and on it there is no stamp about nationality, the insert testifying about belongings to citizenship of the Russian Federation, and its copy; in - the third, four photos of the child of the established sample (in any photographic studio know a photo format on the international passport on a matte paper with an oval below); in - the fourth, the Russian passport of the parent with his copy (without notarial assurance); and at last, the receipt on payment of the state duty of 200 rubles. If you at the same time do by

the passport to the child and yourself, then it is necessary to provide also the copy of the service record certified of a human resources department in the place of work. It is necessary to remember that in case of finding of mother in a maternity leave she all the same should certify the service record of a human resources department at the work. If at present the parent who is making out the passport of the small child in general does not work anywhere, then the employee pasportno - visa service of law-enforcement bodies, adopting the statement can certify data of the service record. If young mother is a student and does not work anywhere, then she should bring the reference from the place of study and the copy of the student ID card.
abroad is not required to

At legal absence of the second parent of a consent to departure of the child, and it will definitely not be already not asked when passing passport control. It is meant legal absence, for example, recognition of the second parent is unknown absent. So, the child`s father, as well as any citizen of the Russian Federation, can be according to the statement of interested persons (for example, the child`s mothers) is recognized as court is unknown absent if within a year in the place of his residence there are no data on the place of its stay. At impossibility to determine day of obtaining the last data about absent the beginning of calculation of term for recognition of unknown absence the first date, following in what the last data about absent were received is considered, and at impossibility to establish this month - the first of January of the next year.

lack of record about the second parent in the birth certificate of the kid can be Other example of legal absence. When crossing border the parent with the child in this case needs to have with themselves one of the following documents confirming this situation: maternal book (book of single mother); certificate on death of the second parent; document on deprivation of the second parent of the parental rights; the judgment on impossibility to define location of the second parent; the document from militia that the second parent is wanted.

But sometimes cases when the second parent opposes departure of the child out of borders of our country happen. The parent submits the application for such disagreement to law-enforcement bodies at the place of residence. Together with the statement it is necessary to put the identity document of the applicant (passport) and notarized copies of the documents confirming the parental rights concerning the child in the folder of documents. Otherwise the statement will not be taken cognizance.

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Most often departure of the kid is opposed abroad by the parents who passed through divorce. In case the second parent declares the disagreement on evacuation of the kid out of borders of Russia, the question of a possibility of departure of the child is resolved in a judicial proceeding. To challenge this fact, it is necessary to bring proofs that you really appealed to the second parent about registration of a consent into court. Therefore if you are divorced with the spouse, then for receiving a consent departure children better to send it the registered mail with the assurance of receipt.

the Consent to departure most often is asked parents whose surnames do not coincide with a surname of the child. Also it is necessary for obtaining the Schengen visa in embassy - in this case well to have 2 copies of a consent: you will give one to embassy, and will leave the second just in case for frontier control. Let`s remind that the Schengen visa is a visa of the country which is among member countries of the Schengen agreement **. In the presence of the visa of one of such countries it is possible in the same trip without obtaining other visa to visit other states - signed the Schengen agreement on visa-free entrance.

For the countries which visit is possible only in the presence of the visa should receive the visa and on children even if they are entered in the parental passport. At registration of the Schengen visa for such countries as Greece, Finland. Spain, Italy, etc., in consulates of these states will surely demand the birth certificate of the child (the original and the notarized copy), the international passport and in case the child leaves only from one parents or other lawful representative, - and a notarized consent of other parent to a trip of the kid. Many embassies do not issue the visa if period of validity of the passport makes less than half a year. And documents for the new passport can be handed over in six months prior to the termination old, but not earlier than. But by way of exception can give you the new passport if in old pages for visas ended or it is spoiled. For this purpose it is necessary to file a petition for issue of the new passport in pasportno - visa service at the place of residence.

To the states with which the Russian Federation concluded intergovernmental agreements on visa-free trips children can leave under the birth certificate with the insert attached to it about nationality. Some states entering the CIS treat such countries: Ukraine, Kazakhstan, Tajikistan, Kyrgyzstan and Republic of Belarus. For departure to other CIS countries the child needs to have the passport or to be entered in the passport of parents. The consent to entry of the child into other country from the second parent is not required.

in the absence of the documents granting the right for crossing of border, the passenger is not allowed on the territory of the adjacent state, and when using of railway transport lands from the train.

Usually all information on what documents to you needs to be undertaken in a trip and on the child, it is possible to receive in turistichesky agency when booking suitable round. But if you already paid a trip and at the same time you were not told what documents need to be taken with themselves, from - for what your rest was broken (for example, you were not let out from the country from - for lack of the birth certificate of the child or removed from the train from - for lack of an insert about nationality), then you have the right to make a complaint to travel agency for failure to provide necessary information and the requirement about compensation of damage. These relations are governed by the Federal law “About consumer protection“. it is important to p to remember

also that any discounts during the moving and flights are provided to very often small children. So, at internal flights over the territory of the Russian Federation one child aged till 2 years is transported free of charge, at international transport - at a discount, but without granting the certain place to the child. If at the request of the adult the certain place is provided to it, then the size of a discount decreases.

do not forget
about the main thing!
If you go abroad with the child, then have to have with yourself:
    of
  • its passport (if it is issued);
  • birth certificate of the child;
  • in order to avoid excess problems should take also a consent of the second parent to departure (in case with the child one of parents travels).