When a child is to travel abroad, parental consent is required only in cases where the child will not be accompanied by both parents. If the child travels with only one parent, alone, or with a third party (a relative, a friend, a teacher), written consent from the other parent, or from both if both are absent, is required.

Consent for a child to travel abroad is usually formalised through a declaration or a power of attorney. It is advisable, before drawing up such a document, to consult an attorney. Using standard templates from the internet may lead to problems for the parents, especially if they are divorced or separated for some reason.

Notarial certification of the declaration of consent

The declaration of consent to travel must be notarially certified. Certification may be carried out by a notary, a consul or the mayor of a settlement. In cases of divorced or separated parents, one parent sometimes refuses to give consent. In such cases, court proceedings are possible, in which so-called substitute consent may be granted under Article 127а of the Family Code, which is sought from the district court at the child's current address.

Procedure for judicial authorisation upon refusal of consent

In cases under Article 127а of the Family Code, it is necessary to prove that the reason for the child's travel is well-founded. Such reasons may include:

  • Medical treatment
  • Education
  • Participation in sporting events
  • Attendance at celebrations and events of loved ones and relatives

The statement of claim must specify the time of travel and the child's whereabouts during their stay outside Bulgaria.

If one parent does not give consent because they themselves also wish to obtain consent from the other, a counterclaim for substitute consent for each of the two parents separately may be brought in response to the statement of claim.

Conditions for authorisation and restrictions

The court may authorise travel abroad without the consent of one parent only for a specified period and/or to specified countries. The court's primary priority is the interest of the child. For this reason, the purpose of travel must be in the interest of the child, and not merely of the parent requesting it.

The court may, however, refuse consent to travel if the destination includes:

  • A country with unrest or an unstable political situation
  • A country where natural disasters have recently occurred and their consequences have not been remedied
  • A country for which there is a temporary travel ban
  • Countries without a legal assistance agreement with Bulgaria that are not part of the EU or are not parties to the 1980 Hague Convention
The child's participation in the proceedings

When the child has reached the age of 10, the court may hear the child in the so-called blue room. The court also requests an opinion from the Social Assistance Directorate at the child's place of residence. The social workers prepare a report which assists the court in its decision, especially in disputes between the parents.

The court's decision may be appealed before the regional court, regardless of whether it concerns authorisation or refusal of substitute consent.

If you need legal advice or assistance in drawing up a declaration of consent or in obtaining authorisation from the district court, contact us on tel.: 0887550706 or by e-mail: [email protected]