A dispute between parents about a child traveling abroad

In order for a minor to travel abroad without a parent and to be issued with the necessary documents, it is always necessary to present permission for this from that parent. That is, it is necessary to present a Declaration of consent and/or a Power of Attorney that the same person gives his consent for his child to travel with another, explicitly specified person. The Declaration defines the range of countries that will be passed through and reached, as well as the period for which this Declaration will be valid.

Often times, however, we witness situations in which there is a dispute between parents, including about a child's trip abroad.

What do I need to do in case of a dispute between parents about a child traveling abroad?

When one of the parents does not give his permission for his child to travel abroad, the law provides a legal possibility for such substitute consent to be given by the Court.

Which court has jurisdiction over a dispute between parents about a child traveling abroad?

The competent authority to which you should turn if you need permission for a child to travel abroad is the District Court of the child's current address.

What documents do you need to attach?

In order to appeal to the court to issue you a Permit replacing the consent of the parent, you need to file a Claim in which you describe in detail exactly what permission you need, for what reason the child needs to travel, for how long, where, with whom and so called Evidence in this direction is also attached to the application:

• Birth certificate of the child;

• proof of paid state fee to the court;

• can offer an excursion;

• or proof of residence, workplace abroad of a relative/grandparent, etc./ who will be visited, etc.

A copy of the claim and the attached evidence is also prepared for the Child Protection Agency of the Social Assistance Directorate for an opinion, as well as for the other parent.

A state fee of BGN 25.00 is payable for the initiation of the case.

If, in the case of a dispute between parents about a child's trip abroad, the court allows it, then after the decision enters into legal force, you need to obtain a certified copy of it, translate it into the required language / or English / and you can travel.

If the court refuses to allow a child to travel abroad in a dispute between parents, the decision can be appealed to the District Court.