A child travelling abroad without parental agreement

Mihail Tomov, Lawyer | Varna

Under Article 76, point 9 of the Bulgarian Personal Documents Act, children under 14, minors aged 14 to 17 and persons under guardianship may be refused permission to leave the country if they do not have notarised written consent to travel abroad from their parents, guardians or custodians. If the parents disagree, the dispute is resolved under Article 127a of the Family Code.

The provision requires both parents’ consent when a child leaves Bulgaria. Where one parent withholds consent, the other has a legal interest in applying to the court under Article 127a of the Family Code, in light of the express provision of Article 76, point 9 of the Bulgarian Personal Documents Act.

Under Article 127a of the Family Code, the parents decide by mutual agreement on the child’s travel abroad and the issue of the identity documents needed for the journey. If agreement cannot be reached, the district court for the child’s current address decides the dispute. The provision aims to protect children’s rights and interests as fully as possible and, given their young age, to limit opportunities for abuse of their rights and prevent unlawful acts against them.

If you have questions about taking a child abroad without the other parent’s consent, it is advisable to consult a family lawyer experienced in contact arrangements, maintenance and court proceedings.

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