In Russia, on October 17, a new procedure for the export of children abroad came into force. Now both legal representatives of the child will be able to declare their disagreement with the child’s departure from Russia, which will be taken into account by the territorial body of the Ministry of Internal Affairs of Russia.
The applicant has the right to establish both a general ban on travel and a ban on travel to a specific state or several states. Also, the legal representative who announced the prohibition of the child’s departure from the Russian Federation will be able to take him abroad himself, while the adult himself must be a citizen of Russia. If he is a foreigner, then the child will not be able to travel abroad.
The term for consideration of the application will take two working days.
On October 15, lawyer Victoria Dergunova, in an interview with Izvestia, explained the relevance of the new procedure for exporting children abroad. So, when the parents after the divorce divide the property, the child becomes one of the levers of influence. Or, after a difficult divorce, one of the parents interferes with the other’s life, limiting the departure of the common child. There are also situations when one of the parents has a connection with some foreign state – work, real estate, citizenship – and the second parent has every reason to believe that the child will be taken out of Russia without the possibility of returning him back.
The unilateral ban can be lifted through the courts, said Dergunova. She recalled that earlier the courts had taken a position, lifting the ban only in relation to certain travel. However, the Constitutional Court noted that it is wrong to do so.
On July 20, the Federal Notary Chamber clarified the rules for children traveling abroad. In particular, a notary-certified consent to leave only from one of the parents is required for young travelers who travel unaccompanied by their parents. Previously, in such a situation, the consent of both parents was required.