According to the existing legislation "On External Migration," children under 18 can leave the country only with a notarized permission from their legal representatives. In the absence of such permission, travel can only be authorized through a court decision.
As the initiator emphasizes, in practice, this leads to teenagers facing difficulties in obtaining documents for education, including abroad; they are denied the opportunity to travel for medical treatment, participate in Olympiads, sports competitions, vacations, or meetings with relatives. In cases of family conflicts, the requirement for consent from both parents is often used as a means of manipulation.
Documents from medical, educational, or sports institutions can serve as additional confirmation of the purpose of the trip and prevent the risk of illegal relocation of the child for permanent residence.In cases where one parent fails to meet their alimony obligations and does not participate in raising the child, the ministry proposes to introduce a notarized order: the presence of documented alimony arrears for more than one year will allow for a quick protection of the child's right to travel. Such a notarized order will be limited in duration and specific travel purposes, which excludes the possibility of illegal changes to the child's residence without a full court hearing.
This initiative will prevent situations where the behavior of the alimony payer hinders the lawful interests of the child and the conscientious parent.Thus, the ministry claims that the need for prolonged court proceedings in cases of willful evasion of parental responsibilities will be eliminated, which will also reduce the burden on the judicial authorities.
Additionally, it is planned to establish that after the issuance of a notarized order for the temporary departure of a child from Kyrgyzstan, the notary must send a copy of it to the debtor (the other parent) within one day with a notification of delivery. The other parent has the right to submit their objections to the notary within ten days from the date of receiving the copy of the notarized order, requesting its cancellation, which will be considered within three days. The notary cancels the order if the debtor indicates the existence of a dispute over rights or other circumstances preventing its enforcement, after which a corresponding ruling is issued. In this ruling, the notary will explain to the first parent that the claimed demand can be brought to court in the order of civil proceedings.
The photo on the main page is illustrative: tourdom.ru.
