The Family Code provides for a special court procedure by which a ban may be imposed on taking a child outside the borders of Bulgaria. The procedure applies to children whose habitual residence is within the territory of the country. Its main purpose is to prevent so-called "parental abduction" – situations in which a child is unlawfully removed from the State in which it habitually resides, in breach of the right to exercise parental rights.
The court may impose a ban on leaving the country only where there is a specific, clear and demonstrable risk of the child being unlawfully removed. Removal is unlawful where it is carried out by a parent, guardian, curator or other relative of the child contrary to the right to the effective exercise of the parental rights and obligations arising from a court decision, a statutory instrument or an agreement between the parents.
Where the child has already been taken abroad, the return of the child to Bulgaria is not carried out under this procedure, but through proceedings before the Ministry of Justice.
Proceedings before the District Court
In order to impose a ban on taking out of the country a child in respect of whom there is a risk, an application under Article 127б(1) of the Family Code is filed.
The court competent to hear the application is the District Court for the child's current address. The parent, the guardian or the curator have the right to initiate the proceedings.
A state fee of BGN 25 is payable for the hearing of an application under Article 127б of the Family Code. Where the ban is sought for more than one child, the fee is charged at BGN 25 for each child separately.
The following must be attached to the application under Article 127б(1) of the Family Code:
evidence of the child's current address (for example an address card from the municipality);
the child's birth certificate;
evidence establishing the risk to the child in the event of possible removal from the country;
a payment order for the state fee paid;
a power of attorney.
Once the application has been filed, the court issues an order temporarily prohibiting the removal of the child from the country until the final judgment is delivered. At the same time, it immediately notifies the competent authorities of the Ministry of the Interior so that the corresponding alert may be entered in the Schengen Information System.
A copy of the application and the attached evidence is sent to the other parent. The District Court is obliged to hear that parent, unless he or she fails to appear without good reason. In addition, the court notifies the Social Assistance Directorate for the child's current address, which must prepare and submit a social report.
The ground for imposing the ban is the existence of a manifest, indisputable, real, specific and immediate danger of the child being removed from the country. Whether such a danger exists is assessed separately in each individual case, and the burden of proving it lies with the person who filed the application under Article 127б of the Family Code.
The District Court delivers its decision within 14 days of the institution of the case.
The court may impose a ban on taking the child out of Bulgaria for a period of up to one year.
The decision of the District Court is subject to appeal within 7 days before the Regional Court. The Regional Court rules within one month of receipt of the appeal by a decision that is final and not subject to any further appeal.
A copy of the judgment that has entered into force is sent immediately to the competent authorities of the Ministry of the Interior so that an alert may be entered or updated in the Schengen Information System.
Revocation of the court ban on taking a child out of the country
Although a judgment that has entered into force is in place, the imposed ban on leaving the country may be revoked. This is done upon the application of a parent, guardian or curator, to which evidence must be attached that the risk of unlawful removal no longer exists.
The application for revocation under Article 127б(8) of the Family Code is filed with the District Court for the child's current address. The state fee due is BGN 25.
The proceedings for revocation of the ban follow the same procedure as the proceedings for its initial imposition.
If you need legal advice or assistance in cases concerning the imposition of a ban on taking a child abroad, contact us on 0887550706 or by e-mail: [email protected]
