"Notarial Order": Simplifying Children's Departure from Kyrgyzstan Without Parental Consent

Евгения Комарова Society
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In Kyrgyzstan, discussions have begun on a new draft law that amends the Law on "External Migration," the Family Code, and the Law on "Notaries." The main goal of the document is to simplify the process for children to travel abroad.

According to the proposed changes, in some cases, children under 18 will be able to travel without the notarized consent of the second parent. This applies to situations such as medical treatment, participation in Olympiads, sports competitions, vacations, and visits with relatives, provided that the appropriate documents are available and there is a commitment to return the child.
One of the key innovations is the mechanism of the "notarial order."
This mechanism will allow one parent to obtain permission for the child to travel without the consent of the other parent if the second parent is evading their responsibilities and has been in arrears on child support for more than one year.

The developers propose to exclude the requirement to go to court in such cases from the Family Code, which they believe will help reduce time and relieve the court system.
For a permanent departure of the child, notarized consent from the minor themselves (aged 14 to 18) is required, along with compliance with all legal requirements.
The initiators of the draft law emphasize that the changes are aimed at protecting children's rights, reducing bureaucratic barriers, and preventing potential abuses by parents.

After the discussion, this proposal will be submitted for consideration to the Jogorku Kenesh.
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