A former husband against a trip abroad of the Motherland of his child - what to do?

The interests of the child must be protected

The legislation of the Russian Federation gives the right to parents to take such a step. And this is completely justified when the interests of the child or one of the parents are violated. Article 20 of the Federal Law (No. 114-FZ of August 15, 1996) regulates the procedure for filing an application where the father expresses his disagreement on the removal of a minor child from the country. But what to do to mother, who alone brings up the child, and the pope remembered his rights on the eve of departure and believes that small money transfers, in the form of alimony once a month, give him the right to spoil the leave for the former family?

Firstly, knowing that the departed husband is capable of baseness and one can expect such a surprise from him, try to hide the planned trip, so that he does not have time to take such a step. But this option will be useful only if you are going to a visa-free zone. On the border of Turkey, Egypt, no one will ask for the consent of the second parent. The same Federal Law, but Article 20, permits the removal of a child from Russia with one of the parents, and the consent of the other will not be required. And if the child is accompanied by a stranger on the trip (as part of a tourist group or others), it will be sufficient to have a power of attorney from one of the parents.

Having looked at the site of the FSB Border Service, it is enough for the mother to make sure that there is no statement from her father about her disagreement, and forward - in the summer!

We restore our rights through the court

It will be quite problematic if the former spouse warns the border guards about his disagreement on the child's export. This decision can be challenged only in court by submitting a statement of claim to the court. Since the court does not make a decision on the plaintiff's words, it is advisable to confirm the arguments about the necessity of the planned journey documentarily.

It can be a certificate from a doctor that the child needs to go through a wellness course, or from the teacher, that such a trip will significantly raise its educational level. It is possible to present the hotel reservation with reviews of its comfortableness to the court. Of course, one must be ready and to the counter arguments of the ex-spouse, if he can convince the court that this trip infringes his paternal rights, the court can take his side. It is not bad to attract witnesses that the father practically does not take part in the upbringing, and his ban is just a way to spoil the leave for the ex-wife.

Much more difficult situation, if my mother draws up a visa through the embassy. The legal framework in different countries dictates different requirements. Of course, all the details need to be clarified in advance. Sometimes in the package of documents for permission to enter the consent of both parents must be translated into the language of the country where the trip is planned. The translation is certified by a notary. These are the rules of the Schengen countries. In this case, it is necessary to notify the father and ask him to take part in the registration of documents.

His disagreement with the trip, he can express a banal refusal to go to the notary. But if the mother is determined to show the child the world, she again must resort to the help of the court and prove that the former husband abuses parental rights. That his actions are harmful to the child's interests.

A little - a little guile, and the problem can be solved faster

And you can go for a little trick and visit the embassy. At the reception in the consular department, ask to meet and accept a statement about the inability to take consent from the father. Explain the situation of the absence of the document follows the fact that the father does not contact, do not communicate and do not know how to find it. This is enough.

If such a situation really exists, and the father is inscribed in the official document - the birth certificate is only from the mother's words, in the life of the family it simply does not exist, then a certificate from the registry office is sufficient. And the form number 25 will confirm the individuality of the parental rights of the mother. She is taken to the embassy instead of her father's consent. When all problems are solved, it remains only to enjoy the long-awaited rest and gain strength before the new working year. And to think about whether the alimony of having to go through these tests again is possible upon arrival home. But everyone does their own conclusions.