Dispute as disagreement between parents travel a child abroad
Dispute as disagreement between parents travel a child abroad
Under what restrictions in the interests of the child, the court shall authorize his trip abroad without the consent of one parent?
In deciding whether a child can leave the country should take into account namely its interests' health, dignity, spiritual and moral development of the child and his well-being. " From this naturally follows that example only loss of one parent to let the child out of the country can not be a ground alone child be stopped from traveling. SAC stated that it was '' necessary to carry out a serious investigation of the circumstances justifying the refusal of parents to consent to the exercise of this right so that it does not serve his personal, often caused by circumstances beyond parental care interest and interest of the child. "In the same vein is acceptable and that the administration consider whether to stop a particular child to travel or take his passport, it should not assess the impact on his personal relationship with one parent. On the one hand, the effects on personal relationships can be discussed only by the court in case addressing the issue of custody. It explained that "execution of the judgment determining the mode of access can not be decisive motive in favor of a ban on leaving the country, as in all cases, the change of residence of the child and one parent will create obstacles for contacts with the other parent. "
This question is posed in the context of the European Court of Human Rights (ECHR) in the case "Penchevi against Bulgaria" of 10.02.2015 laying accepted that the refusal of the SCC to allow unrestricted removal from the country for a period of one year of a minor child, accompanied by his mother, without the consent of the father, an interference with the right to protection of family life of the mother and child art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and references by the panel of established case law that the court can not allow unlimited travel abroad of a child without the consent of one parent is definitely as "overly formalistic approach". According to the ECHR, the court should consider all facts relevant to the interest of the child - its adaptation to the environment in the foreign country, the opportunity there to be endowed with adequate living conditions, the existence of a real and concrete risk of his trip with one parent abroad. "Convictions ECHR judgment against Bulgaria, however, requires the issue of permissible parameters of the permit under Art. 127a of the Family Code to be brought to the attention of OSGK when weighed prerequisites that practice be changed as incorrect. "- Says Lozan Panov.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg