Do I need to issue a power of attorney for a child when traveling abroad?

Annually, planning a holiday with minorschildren, parents are wondering whether a power of attorney is required to leave the child abroad. In response, there are ambiguous reports - notaries, lawyers, employees of travel agencies express a dual opinion. According to some - the consent of one parent to leave the child with another is not legal, some consider it necessary to make this document. Meanwhile, back in June 2007, the Border Guard Service under the Federal Security Service of the Russian Federation clarified this issue.

According to the official letter of the Border Service,Russian legislation does not prevent the departure of a minor accompanied by one or both spouses. The power of attorney for the child should be registered only in case of traveling abroad without accompanying the parents. Thus, such a widespread scheme for organizing a child's rest with a grandmother or other relatives will still require the formulation of the consent of both parents for the departure of a minor son or daughter. A similar need exists for organizing the recreation of children traveling abroad as part of a tourist group. In this case, often there are problems when it is required to issue a power of attorney for the child from the second parent, if the spouses have issued a divorce. As a rule, the difficulty lies in the fact that the location of the second parent may not be known, or he for some reason decided to prevent the child from leaving the country.

In any case, such situations are nothopeless. In the first situation, a document is required to recognize the second parent as missing (which is formalized as a court decision). In the second case, if the parent has issued a statement of his disagreement on the child's departure abroad, the application can also be appealed in court. However, consideration of complex situations will require additional time.

In the laws of the Russian Federation there is no mention of the need forpresentation on the border of consent from the second parent, because if a mother or father is traveling with a child on a trip, then such demands from the Russian services have no basis.

Nevertheless, many years after receivingexplanations from the Russian authorities, the problem still remains burning. The reason lies in the fact that travel agencies, when making travel vouchers for children abroad, are insured in case of problems with border services of other states on the territory of which the baby is scheduled to rest.

If we talk about resting a child in the Crimea, thenUkrainian services do not impose any additional requirements on documents confirming the right of entry of a minor on the territory of Ukraine. However, the laws of the countries are different, therefore, Russian lawyers, notaries, and tourist agents continue to insist that a child's power of attorney is necessary. If it is difficult to take consent from the second parent, we can advise, first, to study the laws of the host country - perhaps there will be no need for such permission.

Nevertheless, sending the child to rest forborder, you should check the documents for their legitimacy, whether they are overdue, and only the originals should be taken to the trip. Crossing the border even in such a simple case as the train journey, the next transit and without stopping through the territory of Ukraine with the final point of arrival in Russia, will require the submission of originals of documents - birth certificates, passports of parents and children (if any). It should not be forgotten that birth certificates should be marked with citizenship.

Also mothers who changed their surname or initiallyhaving a surname different from the name of the child, it is necessary to stock up with a document confirming the fact of kinship. As a rule, it is either a certificate of marriage, or about its dissolution - documents that reflect the basis for changing the name.

A power of attorney for a child for traveling abroad can be written by any of the parents. Forms of such documents are available in almost every notary, who must certify them.