Since the onset of the war, many Ukrainian women have chosen to leave the country with their children, seeking to protect them from danger and to avoid the consequences of living in a war-torn environment.
For those still planning to leave Ukraine, it is crucial to understand the rules for crossing the border with children.
Can a mother take her child abroad without the father's consent?
According to Article 313 of the Civil Code of Ukraine, children over the age of 16 can leave the country independently. However, different regulations apply for younger children:
A child under 16 can only leave Ukraine with the consent of parents, guardians, or when accompanied by authorized individuals.
During martial law, under simplified rules, a child under 16 may cross the border with one of the parents or other close relatives (grandmother, grandfather, adult brother or sister, stepmother, or stepfather). This requires a written statement from one parent, certified by the guardianship authority. Notarized consent from the other parent is not necessary in such cases.
What documents are required?
To take a child abroad, the following documents must be provided:
- Ukrainian citizen passport or birth certificate (if no passport is available);
- Documents verifying the identity of the accompanying person;
- A statement from one parent, certified by the guardianship authority.
The State Border Guard Service makes decisions based on the submitted documents.
Special categories of children and their exit rules
Cabinet of Ministers Resolution No. 57 regulates the border crossing for children in difficult life circumstances:
Orphaned children and children deprived of parental care:
- May leave in the company of a legal representative or another authorized person, provided they have the necessary documents.
- If children are in round-the-clock care institutions, they are accompanied by persons authorized by the institution's management or guardianship authorities.
Children placed in foster care families:
- Departure is possible with the accompaniment of a foster caregiver or another authorized person, provided there is permission from the guardianship authority and a complete set of documents.
Special cases of departure with male escorts:
- If a child is accompanied by a man exempt from mobilization, he must have documents confirming this status.
Arranging a child's exit from the country during wartime requires strict adherence to established rules and a complete set of documents. In case of disputes or violations of rights, it is advisable to seek consultation from legal professionals.