Is the other parent’s consent required?

The answer depends on the purpose of the trip. There are two different situations:

1. Temporary travel abroad — vacation, medical treatment, sports competition, study trip, visiting relatives, or tourism.
2. Permanent relocation abroad — when the child changes their country of residence.

For temporary travel abroad with one parent, Kazakhstan law does not require the other parent’s notarized consent in every case. However, consent may be required by the consulate, visa center, airline, or the destination country.

For permanent relocation abroad with one parent, notarized consent of the other parent living in Kazakhstan may be required. If the other parent does not consent, the matter may be resolved by court.

In simple terms, a 7-day vacation and moving a child to another country permanently are not the same thing.

What is temporary travel abroad?

Temporary travel means that the child leaves Kazakhstan for a specific period and is expected to return.

Examples include:

• vacation;
• medical treatment;
• sports competitions;
• school contests or Olympiads;
• visiting relatives;
• language courses;
• tourist trips;
• short-term study programs.

In such cases, the child’s permanent place of residence does not change.

Is consent needed for a temporary trip?

If a child travels abroad temporarily with one parent, consent of the other parent may not always be required for leaving Kazakhstan.

However, in practice, it is safer to obtain notarized consent because:

• the visa center may require it;
• a foreign consulate may request it;
• the airline may check it;
• the destination country may have its own rules;
• the other parent may claim they were not informed;
• there may be an existing dispute between the parents;
• the trip may be long.

Before traveling, parents should check not only Kazakhstan law, but also the requirements of the destination country, transit country, visa center, and carrier.

When is consent especially important?

Consent of the other parent is especially important if:

• the child is relocating abroad permanently;
• the child travels without parents, for example with a grandmother, coach, teacher, or group;
• the visa country requires consent;
• there is a court dispute between the parents;
• a visitation schedule has been established;
• the other parent formally objects to travel;
• the trip is long and may affect school, treatment, or residence.

In such cases, lack of consent may create serious legal or practical problems.

Permanent relocation abroad

If a minor citizen of Kazakhstan leaves for permanent residence abroad together with one parent, notarized consent of the other parent living in Kazakhstan may be required.

If consent is absent, the child’s departure may be authorized by court.

Permanent relocation affects:

• the child’s country of residence;
• school or kindergarten;
• medical care;
• communication with the other parent;
• visitation schedule;
• civil and migration documents;
• the child’s familiar environment.

This is not simply a trip. It is a major change in the child’s life.

What if the other parent refuses consent?

First, it is better to send a written request to the other parent asking for consent.

The request should include:

• where the child is going;
• purpose of the trip;
• duration of the trip;
• departure and return dates;
• address abroad;
• who accompanies the child;
• how the child will communicate with the other parent;
• return guarantees if the trip is temporary.

For permanent relocation, it is also useful to provide:

• new address;
• school or kindergarten information;
• medical insurance;
• source of income;
• living conditions;
• communication schedule with the other parent;
• video call and visitation plan.

If the other parent refuses without valid reasons or does not respond, the issue may be taken to court.

Can court permission be obtained?

Yes. If the other parent does not consent, a parent may apply to court and ask for permission for the child to travel abroad without the other parent’s consent.

The court may consider:

• purpose of travel;
• duration of the trip;
• best interests of the child;
• child’s safety;
• living conditions abroad;
• education or medical treatment;
• risk of non-return;
• communication with the other parent;
• position of the other parent;
• child’s opinion, depending on age and maturity.

If the court finds that the trip or relocation is in the child’s best interests, it may authorize travel without the other parent’s consent.

Which court should hear the case?

Such disputes usually concern the rights and interests of a minor child and may be heard by the specialized interdistrict court for minors.

As a general rule, the claim is filed at the place of residence of the defendant, meaning the parent who refuses consent.

The claim may be filed electronically through the “Court Cabinet” system.

What should be included in the claim?

The statement of claim should include:

• name of the court;
• claimant’s details;
• defendant’s details;
• child’s details;
• information about marriage or divorce;
• child’s place of residence;
• purpose of travel;
• destination country;
• duration of the trip;
• departure and return dates;
• why the other parent refuses consent;
• why the trip is in the child’s interests;
• where the child will stay;
• how education, medical care, and safety will be ensured;
• how communication with the other parent will be maintained;
• specific court request.

For example:

“To permit the minor child to leave the Republic of Kazakhstan without the consent of the other parent for the period from ___ to ___ to ___.”

For permanent relocation:

“To permit the minor child to leave the Republic of Kazakhstan for permanent residence abroad without the consent of the other parent.”

What documents are needed?

The following documents may be attached:

• child’s birth certificate;
• child’s passport;
• parent’s ID;
• marriage or divorce certificate;
• documents confirming the child’s residence;
• tickets or booking confirmation;
• invitation letter;
• medical referral, if the trip is for treatment;
• documents from an educational institution;
• visa documents;
• information about the address abroad;
• lease agreement or housing documents;
• medical insurance;
• correspondence with the other parent;
• refusal of the other parent, if available;
• proof that consent was requested;
• opinion of the guardianship authority, if available;
• proof of payment of state fee.

The documents should show that the trip is real, clear, safe, and in the child’s best interests.

If the child travels with a grandparent, coach, or teacher

If the child travels abroad not with a parent, but with a third person, notarized consent or power of attorney from a legal representative is usually required.

This may apply when the child travels with:

• grandmother or grandfather;
• another relative;
• coach;
• teacher;
• tourist group;
• accompanying person.

The document usually states:

• child’s details;
• accompanying person’s details;
• destination country;
• travel period;
• authority to accompany the child;
• authority to represent the child’s interests during the trip;
• obligation to return the child.

Before such travel, it is important to check the requirements of the destination country, visa center, and carrier.

Can the child be taken abroad if the other parent objects?

If the other parent clearly objects and there is a dispute, taking the child abroad without resolving the issue may be risky.

Problems may arise if:

• the child leaves for a long period;
• the other parent does not know the address;
• there is no return date;
• the child cannot be contacted;
• there is a risk of non-return;
• a visitation schedule is violated;
• the child’s place of residence changes;
• the other parent contacts the police, guardianship authority, or court.

If there is conflict, the safest option is notarized consent or court permission.

If one parent takes the child abroad and does not return them

If one parent takes the child abroad and refuses to return them, the other parent should act quickly.

Recommended steps:

1. Try to contact the child and the parent.
2. Save all correspondence and evidence.
3. Contact the police.
4. Contact the guardianship authority.
5. File a court claim regarding the child’s residence or return.
6. Contact a Kazakhstan consular office abroad.
7. Consider international legal mechanisms if applicable.

Time is important in such situations. The longer the child remains abroad, the more complicated the return process may become.

When can the court refuse permission?

The court may refuse permission if:

• the purpose of the trip is unclear;
• there is no proof of the child’s safety;
• there is a risk of non-return;
• it is unclear where the child will stay;
• there are no documents about school, treatment, or housing;
• the trip violates the rights of the other parent;
• communication with the other parent will stop completely;
• the trip is not in the child’s best interests.

It is not enough to say, “I want to travel.” The parent must show why the trip is necessary and safe for the child.

What should be included in notarized consent?

Notarized consent usually includes:

• details of the parent giving consent;
• child’s details;
• accompanying person’s details;
• country or countries of travel;
• travel period;
• purpose of travel;
• authority to accompany the child;
• authority to return the child;
• if necessary, consent for medical, educational, or visa-related actions.

It is better to issue consent for a specific country and specific period. Very broad consent may later cause disputes.

Common mistakes parents make

Parents often make mistakes when they:

• confuse temporary travel with permanent relocation;
• fail to check destination country requirements;
• fail to check visa center requirements;
• fail to check airline rules;
• do not inform the other parent about the route;
• do not specify a return date;
• hide the child’s address abroad;
• violate a court-approved visitation schedule;
• use travel as pressure;
• fail to issue consent for travel with a third person.

The best approach is to check documents in advance, notify the other parent, and obtain court permission if there is a dispute.

Conclusion

Whether the other parent’s consent is needed for a child to travel abroad depends on the purpose of travel.

For temporary travel with one parent, consent may not always be required for leaving Kazakhstan. However, it may be required by the destination country, consulate, visa center, or airline.

For permanent relocation abroad, notarized consent of the other parent living in Kazakhstan is important. If there is no consent, the issue may be resolved by court.

The main criteria are the child’s interests, safety, and stability.

FAQ: Frequently Asked Questions

1. Is the other parent’s consent always needed for temporary travel abroad?

Not always. For travel from Kazakhstan with one parent, consent may not be required in every case, but it may be requested by the destination country, visa center, consulate, or airline.

2. Is consent needed for permanent relocation abroad?

Yes. If a minor leaves Kazakhstan for permanent residence abroad with one parent, notarized consent of the other parent living in Kazakhstan may be required. If there is no consent, the issue may be resolved by court.

3. What if the other parent refuses consent?

The parent should request consent in writing. If the refusal is unreasonable or there is no response, the issue may be brought to court.

4. Can a child be taken abroad without the father’s or mother’s consent?

For temporary travel, it depends on the circumstances and destination country requirements. For permanent relocation, court permission is usually needed if consent is not given.

5. Does a child need a power of attorney when traveling with a grandparent?

Usually yes. If the child travels with a third person, notarized consent or power of attorney from a legal representative is typically required.

6. What if the child was taken abroad and not returned?

The other parent should contact the police, guardianship authority, court, and a Kazakhstan consular office abroad.

7. Can the court permit travel without the other parent’s consent?

Yes, if travel is in the child’s best interests and does not create unreasonable risk.

8. When can the court refuse permission?

If there is a risk of non-return, unclear purpose, lack of documents, risk to the child, or complete loss of contact with the other parent.

9. What is included in notarized consent?

The child’s details, parent’s consent, accompanying person, destination country, travel dates, purpose of travel, and accompanying authority.

10. Is consent needed if the parents are divorced?

Divorce alone does not answer the question. The key issues are whether the trip is temporary or permanent, who accompanies the child, and whether there is a dispute.

11. If the father has child support debt, is his consent still needed?

Child support debt does not automatically terminate parental rights. The consent issue must be addressed separately.

12. Can the claim be filed online?

Yes. In Kazakhstan, the claim may be filed electronically through the “Court Cabinet” system with PDF documents attached.