A parent may formally object to a minor Russian citizen leaving the country. Such a restriction is often imposed because one parent fears that the child may be taken abroad permanently, may not be returned after a holiday, or may be removed in a way that prevents the other parent from maintaining contact.

In practice, however, an objection to travel may also be used as a means of pressure in a parental dispute.

This raises several questions: how can the restriction be checked, can it be withdrawn, and when will a court permit the child to travel?

The law uses the term “statement of objection to the child’s departure.” It may be submitted by the child’s legal representative:

• a parent;
• an adoptive parent;
• a guardian;
• a custodian.

The applicant may specify:

• how long the restriction is to remain in force;
• the State or States to which travel is prohibited;
• or impose a broader restriction without listing specific countries.

The procedure for filing, withdrawing, accepting and recording such statements is regulated by an order of the Russian Ministry of Internal Affairs.

The statement is filed in person with the migration division of the relevant territorial office of the Russian Ministry of Internal Affairs. A parent living abroad may apply through a Russian diplomatic mission or consulate.

The following documents are usually required:

• an identity document;
• a document confirming the relationship with the child or the applicant’s authority as legal representative;
• documents confirming the child’s Russian citizenship.

Once accepted, the information is entered into the Ministry’s system and transmitted to the border control authorities.

A legal representative may contact the migration division of the Ministry of Internal Affairs and request information about whether a formal objection has been recorded. It is risky to rely solely on the assumption that the other parent would have informed you.

Notice may fail to reach the other parent where:

• the current address is unknown;
• incomplete information was provided;
• the parents have not been in contact for a long time;
• the parent has changed residence.

It is advisable to check in advance, particularly where:

• there is an ongoing parental conflict;
• the other parent has threatened to restrict travel;
• there has already been litigation concerning the child;
• an expensive trip is planned;
• non-refundable tickets have been purchased;
• the child is travelling for treatment, education or a competition.

Yes, but only by the legal representative who submitted the objection. The person must apply to the migration division of the Ministry of Internal Affairs or, if living abroad, to a Russian embassy or consulate.

Under the current procedure, the applicant may withdraw the objection administratively.

Before bringing court proceedings, it may therefore be useful to ask the other parent in writing to:

• withdraw the objection completely;
• reduce the period for which it applies;
• remove particular countries from the restriction;
• permit a specific trip;
• enter into an agreement concerning the child’s international travel.

Such correspondence may also show the court that an attempt was made to resolve the dispute amicably.

If the parent who submitted the objection refuses to withdraw it, the issue of the child’s departure must be determined by a court. The applicant may ask the court to:

• permit a specific trip;
• lift the restriction for a particular period;
• allow travel to specified countries;
• establish recurring periods during which travel is permitted;
• remove the restriction completely.

The wording of the claim will depend on the facts, the scope of the objection, the purpose of the trips and the risk of permanent relocation.

Yes. The court is not necessarily limited to permitting a single trip. Following the Constitutional Court’s judgment of 25 June 2020, courts must examine whether the restriction remains necessary and proportionate. A restriction should not automatically become permanent or interfere with the child’s rights merely because the parents are in conflict.

Depending on the circumstances, the court may:

• permit one specific trip;
• allow travel during particular periods;
• specify a list of countries;
• retain the restriction only for certain countries;
• remove the restriction completely.

Russian case law contains examples of each of these approaches. The result depends on the evidence showing the temporary nature of the proposed trips, the child’s interests and the existence of a real risk of non-return.

The court does not examine the parents’ abstract right to permit or prohibit travel. It considers the interests of the particular child. The court may take into account:

• the purpose of the trip;
• its duration;
• the destination country;
• the child’s health;
• the need for treatment;
• participation in competitions or education;
• relatives living abroad;
• an existing contact schedule;
• whether contact with the other parent can be preserved;
• previous trips and timely returns;
• the risk of permanent relocation;
• whether the accompanying parent has housing and employment in Russia;
• the child’s school arrangements;
• whether foreign residence documents have been obtained;
• the parents’ conduct before the proceedings.

Parental conflict alone should not be sufficient to justify an indefinite restriction on the child’s travel.

The position of the parent seeking permission to travel may be strengthened by:

• tickets or a travel itinerary;
• hotel bookings;
• an invitation from relatives;
• medical recommendations;
• treatment records;
• an invitation to a competition or educational programme;
• school holiday documents;
• evidence of permanent residence in Russia;
• property documents;
• an employment contract;
• school or nursery records;
• evidence of previous timely returns;
• an agreed contact schedule;
• an offer to compensate for missed contact days;
• a written undertaking to provide the itinerary and contact details.

In some cases, courts permit travel for several years in specified periods and to specified countries. The broader the requested permission, however, the more important it is to justify it and prove that there is no risk of permanent removal.

The position of the objecting parent may be strengthened by:

• evidence that permanent relocation is being prepared;
• a foreign residence permit for the child;
• termination of housing and other ties with Russia;
• previous breaches of the contact schedule;
• a previous failure to return the child;
• concealment of the itinerary or address;
• the absence of a specific purpose for the trip;
• excessively long or frequent travel;
• a risk of disrupting the child’s education;
• ongoing litigation concerning the child’s residence;
• a risk that the child may be taken to a State from which return would be difficult.

General suspicion or distrust is usually not enough. The alleged risks should be supported by concrete facts and documents.

A travel restriction is a preventive mechanism. Its purpose is to prevent the child from being removed from Russia where there is a genuine risk. The 1980 Hague Convention may apply after the child has already been wrongfully removed or retained abroad, provided the Convention is in force between the relevant States.

For more information, see:

• “How to Return a Child under the 1980 Hague Convention”;
• “Child Not Returned after an Agreed Trip: Wrongful Retention Abroad”;
• “What Is a Child’s Habitual Residence and How Does a Court Determine It?”

In practice, obtaining a return order after removal may be significantly more difficult than taking proportionate preventive measures before the child leaves.

Once the judgment becomes final, information about it must be sent to the migration division where the objection is recorded. The updated information is entered into the relevant government system and then transmitted to the border authorities.

The judgment should be drafted in a way that allows it to be enforced in practice. Overly complicated conditions, for example permission linked to a changing school calendar that is not reflected in the border-control system, may create practical difficulties.

The claim should therefore specify clearly:

• the dates;
• the countries;
• the period for which permission is valid;
• the accompanying parent;
• any obligation to notify the other parent.

Can One Parent Restrict the Child’s Travel without a Court Order?

Yes. A formal objection is initially filed through an administrative procedure.

Will the Other Parent Be Informed?

Notice may be sent where the parent’s details and address are known. However, it is safer to verify the restriction independently before travelling.

Can the Parent Who Imposed the Restriction Travel with the Child?

Under the current rules, the restriction does not prevent the child from travelling with the Russian legal representative who submitted it.

Can the Restriction Be Lifted for One Trip?

Yes. The court may permit a specific trip and specify the destination and dates.

Can the Restriction Be Removed Completely?

Yes, where keeping it in place is no longer necessary or proportionate to the child’s interests.

Can the Parent Who Filed the Objection Withdraw It?

Yes. It may be withdrawn administratively through the Ministry of Internal Affairs or, where the parent lives abroad, through a Russian consulate.

Should the Court Order Be Carried to the Airport?

The key issue is whether the information has been updated in the systems used by the migration and border authorities. However, before travelling, it is sensible to verify that the judgment has been implemented and to carry a certified copy of the final court order.

A formal objection to a child’s travel should not be used solely as an instrument of pressure against the other parent. The court will assess:

• the child’s interests;
• whether the proposed trips are temporary or permanent;
• the risk of non-return;
• the other parent’s contact rights;
• the purpose and duration of travel;
• whether the restriction is proportionate.

The parent who submitted the objection may withdraw it without court proceedings. If no agreement can be reached, the other parent may apply to court and request permission for particular trips, partial removal of the restriction or its complete cancellation.

This material does not constitute legal advice and is published for informational purposes only.