Considering the recent discussion on the topic of parental permission for children to leave for the U.S., I thought I would relate my family's experience. Marina and her son emigrated from Ukraine in the Fall of 2000, and have since made one trip back to visit during the Summer of 2001. Our son travels on her passport, and we have an official Ukrainian document, notarized, giving permission from his biological father to travel outside of Ukraine. No questions were raised at the Embassy in Warsaw during her K-1 visa interview, and passport control at Borispol has never asked to see this "permission".
However;
In the Summer of 2000, we were very concerned about this issue. Marina had heard rumors of ladies having problems trying to leave with their children, who did not have official permission from the father to travel, but no concrete evidence, just rumors. We decided to play it safe, and get the official permission. I was particuarily concerned about three issues:
1. Avoiding any trouble with Ukrainian Passport Control during their departure for the U.S.
2. Being certain that they would not have any trouble with this issue in the future as they returned to Ukraine for annual visits.
3. Further down the road, we would be one step closer when it was time to start adoption proceedings, and had nothing in the past to "muddy" the issue.
Marina's relationship with her ex was problematic, and he did not have a close relationship with his son. Still, he did not want to grant the permission. Ukraine's equivelent of "Child Welfare" intervened on Marina's behalf, and he signed the necessary paper. The document is on Ukrainian Goverment Letterhead, addressed to the U.S. Embassy, from the father. It explicitly gives permission for the boy to take up permanent residence in the U.S.. and affirms that he has no objection to his departure. The document was signed and notarized. The alternative to this document would be a court proceeding to terminate the father's parental rights. Marina started this, but it turned out not to be necessary.
Marina and I followed the recent thread on the board, and discussed the issue in detail. Here is what I understand is the situation in Ukraine. In a divorce proceeding, the woman will traditionally care for the children, but both parents retain their rights. If it is necessary for the children to live with the father, or if the father's parental rights are to be terminated, an additional court proceeding is required. In situations where the mother wishes to send the child out of the country, for example, to "summer camp", it is very definitely necessary for the father to give permission, using the same type of letter we obtained. This document is required when a child is "signed up" for such a trip. My point is that obtaining travel permission for the child is a routine practice (requirement?) in Ukraine.
As a practical matter, what does it all mean? My philosophy has been to respect Ukrainian law and practice, in an effort to avoid planting the seeds for future problems to grow. Sure, from the point of view of the U.S. Government, permission of the divorced father seems to be irrelevant. But, the issue sure seems to be relevant within Ukraine. A divorced parent who has retained his parental rights after the divorce, and has not given permission for his child to leave the country, could have grounds to cause future problems. I suppose it is unlikely that a legal challenge filed by a jilted father in Ukraine would directly effect life in the United States, but could something happen if the child returned to Ukraine for a visit, and the authorities put two and two together? I don't know, but I was unwilling to take the chance. My advice would be to get the permission, use a Ukrainian lawyer, and/or Child Welfare if necessary.
I am not a lawyer, and certainly no expert on Ukrainian law. My gut tells me that as the "rule of law" continues to become more established in Ukraine, this situation could become as thorny as it currently is in the U.S. Marina and I just wanted to relate our experience with this issue, and we hope you find it of some value.
Dan
