The child’s mother and the child live in Poland. I would like to take the child on vacation to Egypt and then return the child back to Poland. What permission is required, and where should it be issued?
Answer by a legal consultant
As a general rule, in accordance with Article 313 of the Civil Code of Ukraine and the Rules for Crossing the State Border of Ukraine by Citizens of Ukraine, a child under the age of 16 may travel abroad accompanied by one of the parents, provided that there is a notarized consent from the other parent. Such consent usually specifies the destination country and the period of the child’s stay abroad.
However, in your situation, it is important to consider that the child already resides with the mother in Poland. If the trip to Egypt begins in Poland and the child does not cross Ukraine’s state border, the requirements of Ukrainian law regarding notarized consent for departure from Ukraine do not apply.
At the same time, to avoid potential questions when crossing borders or during air travel, it is advisable to have written consent from the mother allowing the child to travel abroad with the father. Such consent may be issued by a notary in Poland or by a Consular Office of Ukraine in Poland. It is also advisable to prepare or translate the document into English.
If, however, the trip involves the child departing directly from the territory of Ukraine, a notarized consent from the mother is required, specifying the destination country and the duration of the trip. Such consent may be issued either by a notary in Ukraine or by a Consular Office of Ukraine abroad.