Departure of a child abroad without the permission of one of the parents
The process of a departure of a child abroad, including obtaining permission in a court of law and other legal issues in this matter should be carried out within law.
Obtaining the consent of a minor to leave the country together with one of his parents is a controversial and frequent issue. A citizen of the Republic of Azerbaijan may leave the country before reaching the age of majority with the consent of his parents or legal representative, notified legally.
Rules for the departure of a child abroad
The legal procedure governing the law on the departure of a child abroad accompanied by one of the parents, adoptive parents, guardians or trustees, is one of the most relevant issues in the country.
As indicated in the Migration Code, when a minor leaves the country accompanied by one of his/her parents, a notarized consent of the other parent is required.
The procedure for taking a child abroad if one of the parents disagrees (obtaining permission in court)
When making a decision, the court should give priority to the interests and freedoms of the child. The requirements of the European Convention on Human Rights regarding this issue state that public authorities should maintain a fair balance between the interests of the child and the parents, special attention should be paid to the interests of the child in the balancing process, and these interests may outweigh the interests of the parents, depending on their nature.
Based on international standards, it can be said that a parent does not have the right to take actions that could harm the health and development of a child. In this case, based on the law and taking into account the priority of the interests of the child, the parties can file a lawsuit in court.
In some cases, the consent of the other parent is not required when the child travels abroad. Such cases include a court decision on the deprivation of parental rights, a birth certificate issued by the relevant executive authority.
Legal services on problems arising when a child travels abroad
Legal Store offers you services in solving problems when taking a child abroad without the permission of one of the parents, based on the provisions of the law and the priority of the interests of the child.