Germany: Traveling with children abroad, despite the prohibition of the second parent


Hello, dear editor!

Summer holidays are approaching, my twin children, who are 15 years old, should fly to Russia for the holidays. I am flying with them. Dad stays in Germany due to lack of vacation.

Please tell me if children traveling to Russia with one of their parents need to permission from the other parent? What difficulties may arise at the current moment? Children have both Russian and German passports.

Dad is extremely worried that the children are flying to Russia in this situation and does not want to give permission. What problems might arise in this connection?

Sincerely,

Larisa T., Bonn

– Dear Larisa!

Children can normally travel with one parent without any difficulty. Questions at the same time at the border most often do not arise. However, just in case, it makes sense to have a written power of attorney from the second parent, endowed with parental rights. Such a power of attorney (a form in several languages, in which you only need to enter the relevant data), provided by ADAC, can be easily found and downloaded on the Internet.

This assumes, of course, the consent of the second parent for the children’s travel. If there is no consent, it is, strictly speaking, illegal to travel with children. In this case, you must either stay at home (or change the purpose of the trip), or replace the consent of the father with a family court decision.

There are special processes for this. This is done with the help of a lawyer. At the same time, it must be said directly that it is difficult to reckon with a positive court decision in the described case. Since the father has quite understandable doubts, the court has no reason to interfere in the process of exercising parental rights and replace the will of the father with its decision.

Accordingly, parents need to agree on the modalities for the leave of children.

Attorney Maxim Britanov,

Specialist lawyer for family law / specialist lawyer for migration law

Law Firm Law Factory

Britanow & Dr. Hirsch

Phone: +49 (0) 69 26 49 22420

www.lawfactory-frankfurt.de

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Source: Все материалы – Московский Комсомолец by www.mknews.de.

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