My ex-wife wants to travel to the United States with our child. Can she do this without my consent, and how can I protect my parental rights?
Answer from a legal consultant:
Part 3 of Article 313 of the Civil Code of Ukraine states that an individual under the age of 16 has the right to leave Ukraine only WITH THE CONSENT of their parents (adoptive parents), guardians, and accompanied by them or by persons authorized by them. The departure from Ukraine of citizens under 16 years of age accompanied by one parent or other persons authorized by one parent is carried out with the notarized consent of the other parent, specifying the destination country and the period of stay in that country, if the other parent is not present at the border checkpoint (Clause 1, Part 4 of the Rules for Crossing the State Border approved by Resolution No. 57 of the Cabinet of Ministers of Ukraine dated January 27, 1995).
Without notarized consent from the other parent, a child may travel abroad if there is a court decision granting permission for a citizen under the age of 16 to leave Ukraine without the consent and accompaniment of the other parent (Clause 2, Part 4 of the Rules).
These Rules also provide that a child may leave Ukraine without the notarized consent of the other parent if the passport of the Ukrainian citizen used for travel contains a record of departure for permanent residence abroad or a stamp confirming registration for permanent consular registration at a Ukrainian diplomatic mission abroad, supported by a certificate issued through the Ministry of Foreign Affairs system.
However, to obtain such a stamp or mark, along with the application it is necessary to submit notarized consent from the legal representatives (in your case, from you) who remain in Ukraine, allowing the person they represent to leave for permanent residence abroad (Clause 7, Part 4 of the Procedure approved by Order No. 816 of the Ministry of Internal Affairs dated August 16, 2016).
Regarding the conclusion of an agreement between parents on participation in the child’s upbringing, Ukrainian law allows such an agreement to be concluded and notarized. This agreement will have legal force in Ukraine; however, the competent authorities of the United States do not recognize agreements concluded in Ukraine on this matter due to the absence of a bilateral treaty between Ukraine and the USA.
As for concluding a similar agreement between parents regarding participation in raising the child in the United States, this issue can only be resolved in accordance with the laws of the respective U.S. state. For legal assistance, you may contact the consular office of the U.S. Embassy in Ukraine or a law firm specializing in international private law.