A child travelling abroad without one parent’s consent

Case law on disputes under Article 127a of the Bulgarian Family Code consistently recognises that travel abroad can serve a child’s interests by giving effect to the child’s rights. Permission to travel accords with the right to freedom of movement guaranteed by Article 35(1) of the Bulgarian Constitution and by international instruments which, once ratified and promulgated, form part of Bulgarian domestic law.

In Interpretative Decision No. 1 of 3 July 2017 in interpretative case No. 1/2016, the General Assembly of the Civil Chamber of the Supreme Court of Cassation held that under Article 127a the court may authorise a child under the age of majority to travel abroad without one parent’s consent only for travel within a specified period and/or to specified countries or a group of countries that can be identified.

The child’s interests are assessed under the definition in § 1, item 5, of the supplementary provisions of the Child Protection Act. It reflects the factors relevant to assessing the child’s best interests under the Convention on the Rights of the Child: the child’s views and identity, preservation of the family environment and relationships, care, protection and safety, vulnerability, and the rights to health care and education. The court must identify which factors matter on the particular facts and weigh each against the others. Not every factor is relevant in every case. The same factor may need to be considered differently and carry different weight in the overall assessment. The judgment must expressly identify the facts concerning the child, the relevant factors, what each means for this child and how they were weighed. Alongside the child’s circumstances, the court considers whether a parent’s claim about the child’s best interests actually reflects the parent’s own interests in the dispute over the child’s care.

The child’s interests must be clearly established. A lawyer practising in family law can assist with drafting the application and presenting the evidence needed to prove the allegations in court.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer.