In order to withdraw a sum from a child's bank account, permission from the district court competent for the child's current address is required. Such permission is necessary for the disposal of funds held in children's deposits, fixed-term and open-ended deposits, savings accounts and others, opened in the child's name or received by inheritance. In the case of an inheritance of funds, the child must first have accepted the inheritance under inventory, before filing a request for permission.

Parents are not entitled to withdraw funds from such accounts on their own. Even where they themselves have opened the account and deposited all the funds in it, a court permission is mandatory for a cash withdrawal or for the transfer of the sums to another bank account.

The district court grants permission for a withdrawal from a child's account only if it is proven that this is in the interest of the child. In certain cases, permission may also be granted for urgent needs of the family, provided that they are substantiated as important.

Required Documents

To obtain permission for the withdrawal of sums from a child's account, an application under Article 130(3) of the Family Code is filed.

  • If the child is under the age of 14, the application is signed by the parents or by the parent who exercises the parental rights.
  • For a child aged between 14 and 18, the application must be signed by the child themselves, and the consent of the parent(s) who exercise the parental rights is also required.

The application must state:

  • the exact amount of the sum for which permission is sought;
  • the bank and the IBAN of the account from which the funds are to be withdrawn. If the withdrawal of the entire balance and the closure of the account is envisaged, this must be expressly mentioned;
  • the purpose for which the funds will be used.

A key element of the application is the substantiation of the need and the evident benefit to the child. A careful assessment of the evidence to be attached to the application is required, since errors in the reasoning often lead to the rejection of the application by the court.

The mandatory documents that must be attached to the application under Article 130(3) of the Family Code include:

  • proof of the child's current address (e.g. an address card from the municipality);
  • the child's birth certificate;
  • a court decision on the exercise of parental rights, if the parents are divorced;
  • a copy of the death certificate and a certificate of heirs, if the application concerns sums from an inheritance;
  • a document for the opening of the account (a deposit book, a deposit contract, or a certificate from the bank regarding the account number and the balance);
  • a statement of the account attesting to the transactions on it;
  • a declaration of the child's property;
  • a payment order for the state fee paid;
  • a power of attorney, if applicable.

Additional documents may be required depending on the specific situation, such as a declaration of the marital status and property situation of the parents, notarial deeds, medical documents, etc.

The state fee for the examination of the application under Article 130(3) of the Family Code is BGN 25.

Proceedings before the District Court

After the application and the accompanying documents have been filed, the court is obliged to rule without undue delay. It may request an opinion from the "Social Assistance" Directorate, "Child Protection" department, in order to establish whether the alleged needs are in the interest of the child. Where the request concerns sums above a certain amount (for example, over BGN 500), the courts often require such an opinion as a matter of course. Officials of "Child Protection" may also hear the child, if the child has reached the age of 10.

Where necessary, additional documents may be required to support the purposes and needs set out in the application, as well as the property status of the parents. In order to avoid delays, it is important that the documents be correctly prepared and attached.

If the court finds that the withdrawal of the funds is in the interest of the child, it issues the permission requested.

In the event of a refusal, the decision of the district court may be appealed before the regional court.

Should you require legal advice or assistance in connection with obtaining permission from the district court, please contact us on telephone 0887550706 or by e-mail: [email protected]