Matters relating to travel abroad and the issue of a passport for a child are usually resolved by mutual agreement between the parents. In order for a passport for travel abroad to be issued to a child, both parents are required to sign the relevant application. Even in cases where, upon divorce, parental rights have been granted to one parent, the consent of the other parent remains mandatory.
In many cases, particularly where relations are strained following a divorce or separation, one of the parents may refuse to give consent for the issue of a passport, which may hinder the child's ability to travel. In such situations, the parent who wishes the child to obtain a passport and to travel may file an application with the court for substitute consent.
Procedure for filing an application with the court
The application, based on Article 127а of the Family Code, is filed with the district court responsible for the child's current address. According to the case-law, the "current address" is the one at which the child actually resides, regardless of whether they are registered at that address with the relevant municipality. In this way, the court determines its jurisdiction on the basis of the child's actual place of residence rather than their formal address registration.
However, in cases where the child has their habitual residence in another EU Member State, the Bulgarian court does not have jurisdiction to hear the application. This usually occurs where both parents, Bulgarian nationals, have moved to live abroad and the child resides and attends school there. An application for substitute consent for the issue of a passport, which would replace the consent of one of the parents, falls within the scope of Regulation (EC) No 2201/2003. Accordingly, in such cases the case must be conducted before the judicial institution of the relevant EU Member State in which the child habitually resides.
Issue of a passport together with permission to travel
Very often, an application for the issue of a passport is connected with a wish for the child to travel abroad. For this reason, court applications in such cases frequently also include a request for permission to travel. In examining such cases, the court is always guided by the best interests of the child, which is a fundamental principle in decisions concerning minors.
If the child has reached the age of 10, the court may consider it necessary to hear the child in the so-called "blue room". In addition, such cases usually require the preparation of a social report by the "Child Protection" department at the "Social Assistance" Directorate for the child's place of residence. In this way, the court obtains fuller information about the circumstances and can reach a decision that is in the best interests of the child.
The court decision and the rights of the parents
The court decision, once issued, serves to replace the missing consent of the parent for the issue of a passport for the child. On the other hand, if the court refuses to grant substitute consent, that decision may be appealed before the regional court. The same applies in cases where the court grants consent that does not satisfy the other parent. The appeal gives the parent the opportunity to defend their position within the court proceedings.
If you need legal advice or assistance in drawing up a declaration of consent or in obtaining permission from the district court, contact us on tel.: 0887550706 or by e-mail: [email protected]
