Taking a child abroad when the other parent objects
The guides below are drafts: a lawyer has not reviewed them yet. This is not legal advice.
Draft What human rights defenders advise
Taking a child abroad when the other parent objects
- First find out whether the other parent has filed an objection to the child leaving Russia. There is no public service to check: Kovcheg (foreign agent) advises sending a request to the district police (Interior Ministry) office; the reply comes by post within 30 days. If an objection has been filed, the child will not be issued a passport for travel abroad (art. 10, Law 114-FZ), and border guards will not let the child leave Russia.
- If there is no objection, a child may leave with one parent, and Russian law does not require the other parent's consent (art. 20, Law 114-FZ). A notarised consent is needed only if the child travels without parents. One parent's application is enough for a child's passport (art. 8). Since 20.01.2026 children under 14 can no longer travel on a birth certificate, even to Kazakhstan, Kyrgyzstan or Belarus: they need a passport.
- Consent may be asked for on entering another country. In the Schengen area a border guard checks that the adult has parental rights, especially if the child travels with only one adult (Schengen Borders Code, Annex VII para 6). The German police recommend carrying the other parent's written consent, a copy of their passport and their contacts. According to Kovcheg, consent is required at the Uzbek and Kyrgyz borders but not in Georgia. Carry the birth certificate, with an apostille and translation if needed.
- How an objection works. The parent files it in person with the police migration office, or at a consulate if they live abroad. It can name a period and countries. Only the parent who filed it can withdraw it, or a court can lift it. The data goes to the FSB border service. The other parent is notified by letter only if the filing parent gave their address (art. 21, Law 114-FZ; Interior Ministry Order No. 651). The ban does not apply to the parent who filed it: the child may travel with them.
- A ban can be lifted by a district court: a claim for permission to travel, fee 3,000 roubles. Courts decide on specific trips: state the country, dates and purpose. Blanket permission 'for all trips' is usually refused (Constitutional Court ruling No. 29-P of 25.06.2020). If the court sees a risk that the child will not come back, it will most likely refuse. The decision takes effect after one month unless appealed.
- Moving permanently is a dispute about the child's place of residence. It is settled by agreement between the parents or by a court (art. 65 Family Code). The court looks at the child's attachment to each parent, age and living conditions, and must take into account the views of a child aged 10 or over (art. 57). In 2021 the Supreme Court said residence may be set abroad: the court must examine the child's ties to that country. The other parent's written consent also matters later: under the Hague Convention it can be a ground for refusing return (art. 13).
- The 1980 Hague Convention. Russia has been a party since 01.10.2011, and it applies between Russia and many countries, such as Germany, France, Poland, Spain, Israel, Turkey, Serbia, Armenia and Kazakhstan. If a child was taken without the consent of a parent with custody rights, a court in the new country can order the child's return. If less than a year has passed, the court must as a rule return the child (arts. 3, 12).
- When a child is not returned. Return can be refused if the other parent consented to the move, if there is a grave risk to the child, or if a child who is old enough objects (Hague Convention, art. 13). A return order does not decide who the child will live with (art. 19).
- According to the Hague Conference, the 1980 Convention does not apply between Russia and Georgia, the USA, Canada, Australia or Norway. But the 1996 Convention does apply, including with Georgia: after a wrongful removal, custody questions stay for a long time with the courts of the former country (art. 7). The lists change; check them on hcch.net.
- Liability in Russia. Lawyers have found no convictions of parents for abducting their own child (art. 126 Criminal Code), but this is practice, not an explicit rule. Deliberately hiding a child's whereabouts or not complying with a court decision on residence or contact is fined 2,000-3,000 roubles; a repeat offence 4,000-5,000 roubles or up to 5 days' detention (art. 5.35 Code of Administrative Offences). The other parent has a right to contact (art. 66 Family Code), and hiding the child also hurts you in a return case.
- Where to turn: Kovcheg advises on leaving with children. If the child or family faces pressure at school or from child services, see the memo 'Pressure on children and parents'. Handle a dispute about travel, residence or return with a family lawyer, and abroad with a lawyer in your country of residence.
current as of 26 September 2026. More: ConsultantPlus: art. 20 of Law 114-FZ, travel of minors (in Russian); ConsultantPlus: art. 21 of Law 114-FZ, objection to a child's travel (in Russian); ConsultantPlus: art. 10 of Law 114-FZ, refusal of a passport (in Russian); Garant: Interior Ministry Order No. 651 on filing and withdrawing an objection (in Russian); ConsultantPlus: Constitutional Court ruling No. 29-P of 25.06.2020 (in Russian); ConsultantPlus: art. 65 Family Code, a child's place of residence (in Russian); Advokatskaya Gazeta: Supreme Court on a child's residence when a parent lives abroad (in Russian); ConsultantPlus: art. 5.35 Code of Administrative Offences (in Russian); Advokatskaya Gazeta: child abduction by the other parent (in Russian); HCCH: text of the 1980 Hague Convention; HCCH: countries where the 1980 Convention applies with Russia; HCCH: parties to the 1996 Convention; German Federal Police: travelling with minors (in German); Kovcheg: a child leaving Russia with one parent (in Russian) (foreign agent); T-Zh: how to lift a ban on a child's travel (in Russian)