The Official Gazette No. 28 Extraordinary of 2023 contains Instruction 279 of the Supreme People’s Court that establishes the guidelines to be followed in legal claims related to the authorization to obtain passports for minors and their departure from Cuba.
As is known, minors in Cuba cannot obtain a passport if they do not have the authorization of the parents or legal representatives, formalized before a notary public.
However, what solution is there for cases where there is a difference of opinion between the parents on this issue? What happens if one of the parents denies the departure of their child from Cuba?
The recently published order recognizes then that “it is necessary to introduce into judicial practice the guidelines for the adequate solution of matters related to the non-joint exercise of parental responsibility or when there are discrepancies due to its exercise, in cases where authorization is requested to obtain a passport in favor of minors and/or for their departure from Cuban territory”.
In this sense, it will be the court the one who adopts the necessary measures to provide special protection to the girls, boys and adolescents involved.
According to the details offered, in all cases, the court will listen to the parents or legal guardians reasons why they oppose the departure of their sons and daughters from Cuba.
DEPARTURE OF MINORS FROM CUBA
In order to make a decision, the court will take into account other elements such as:
- The address of the domicile where the minor will remain and the one to whom the authorization is granted,
- The facts that demonstrate that the minor will have a legal status that guarantees the full enjoyment of their rights, if the departure is made with the intention of remaining in another country.
- The destination of the trip of the minor person and the term in which he must return to Cuba, if it is a temporary departure.
- That the trip be convenient and safe for the interests of the minor; For this, the living conditions that they will have abroad must be demonstrated, as well as those of their parent, legal representative or the people who will take care of them outside of Cuba.
Once the judicial decision is final, a notification of the provisions will be sent to the corresponding office of the Department of Identification, Immigration and Aliens of the Ministry of the Interior and, where appropriate, to the Department of Attention to Minors.
Here you can read the complete instruction.
