According to the currently effective legislation "On External Migration," citizens of Kyrgyzstan under the age of 18 can leave the country only with a notarized permission from their legal representatives. If such permission is not available, departure can only be allowed by a court decision.
As the initiator points out, in practice, this leads to situations where teenagers often face problems obtaining documents for admission to educational institutions, including those abroad. Children are also deprived of the opportunity to travel abroad for medical treatment, participate in school Olympiads and sports competitions, relax, or meet with relatives. In cases of family conflict, the requirement for consent from both parents is often used as a tool for manipulation.
The presence of documents from educational, medical, or sports institutions will serve as additional confirmation of the purpose of the trip and reduce the risks of illegal removal of the child for permanent residence.In cases where one parent systematically evades alimony payments and does not participate in upbringing, the ministry proposes to introduce a mechanism for a notarized order. This will help avoid lengthy court proceedings: an alimony debt exceeding one year will allow for prompt protection of the child's rights to travel. The validity of such an order will be limited in time and purpose of the trip, which will prevent the risk of illegal change of the child's residence without court proceedings.
The proposed norm will eliminate obstacles to the realization of the legitimate interests of the minor in cases of willful evasion by the parent from their alimony obligations.Thus, the ministry emphasizes that this innovation will reduce the number of lengthy court processes in obvious cases of evasion from parental responsibilities and lessen the burden on the judicial authorities.
It is also proposed that after the notarized order for the temporary departure of the child is issued, the notary must notify the other parent of its contents within the next day. The other parent will have ten days to file objections, which the notary will consider within three days. If the objections are justified, the notary will cancel the order, explaining to the first party that in case of a dispute, the claim can be brought to court.
Illustration on the main page: tourdom.ru.
