Changes in the Russian law for children traveling abroad

On October 17, 2021, the Order of the Ministry of Internal Affairs of Russia "On Approval of the Procedure for Submitting, Revoking, Receiving and Recording Applications of Disagreement to Leave the Russian Federation of a Minor Citizen of the Russian Federation" came into force, while the previously valid order of the Ministry of Internal Affairs of Russia became invalid.

One of the parents may henceforth prohibit to export their child to one or several specified countries. In addition, the ban will be for a specific period or indefinite.

WHAT IS CHANGED?

Under the new procedure, the applicant has the right to establish both a general ban on the child's departure from Russia and a ban on leaving for a specific state or several countries. In addition, now the legal representative of the child, who announced the ban on the child's departure from Russia, will have the opportunity to take the child abroad themself. The condition, in this case, is that they have Russian citizenship. If the applicant is a foreigner, then the child will not be able to leave either with them or with the other parent. Another novelty is that a legal representative (regardless of citizenship) who has applied for disagreement to leave, will have the right to withdraw their application out of court. To do this, you will need to contact any department on migration issues of the Ministry of Internal Affairs of Russia or a diplomatic mission.

WHAT IS LEFT AS BEFORE?

With the entry into force of the new rules for the export of children abroad, the need to notify the second legal representative about the restriction imposition on the child remains unchanged. They will also notify you about the lifting of restrictions. Notifications will be sent by mail to the address of residence or stay.

CHANGING THE TERMS OF CONSIDERATION OF APPLICATIONS

The term for considering applications from parents related to the export of children abroad has been changed. Now the state serviceman has to process the application not within 5, but within 2 business days.

Controversial issues regarding the disagreement of the legal representatives of underage children to their departure from Russia, are resolved in court, as before.


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