The declaration of consent of a parent to take a child to a Schengen member country may be dropped after the accession of Bulgaria to the airspace. This will happen if the state does not regulate the legislation by the end of March.
In order to prevent illegal removal of children, a working group has already been formed in the Ministry of Internal Affairs, which will discuss the travel of citizens after the acceptance of our country into the space of free movement.
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Monika Saristova is a mother of two children. As a parent, the news about our country’s entry into Schengen by air and water makes her think about how, in the absence of passport checks, one parent will take the child outside the borders of Bulgaria.
“Does it mean that because of lack of passport and border control, one parent can take the children out without the knowledge and consent of the other?” How will this be controlled, because until now declarations were signed”, Saristova asked.
Airports in the country are already ready for the transition to the new way of working. According to the guidance they have already received, and unless the law is changed, the declaration will lapse.
“No declaration of consent will be required from the other parent. In fact, technically, going to a Schengen country does not cross a border. The journey is analogous to a domestic flight”, explained Georgi Chipilski, Executive Director of Burgas Airport.
The Ministry of the Interior stated that a working group has already been formed to discuss the need for possible changes in Bulgarian legislation related to the country’s accession to Schengen.
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Lawyers recall that after the changes to the Family Code from August last year, any parent can ask the court to prohibit their child from leaving the country.
“If one parent has concerns about the way the child is taken out, putting him at risk during the possible trip, he can file an application in the district court of the child’s place of residence, with which he can express his worries and concerns,” explained lawyer Yulia Radanova.
Currently, the law does not provide a solution to the question of what happens if, after being included in the Schengen area, one parent is not informed that their child will be taken out of the country.
2024-01-10 17:17:04
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