Child Protection When Travelling Abroad

Abstract

Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.