For the individuals who move abroad

Temporary and permanent travelling of a child outside the country of residence

There is no precise definition of temporary travelling of a child outside the country of residence. Therefore, in each case in order to determine whether travelling abroad should be considered to be temporary or permanent it is necessary to assess the actual circumstances of the child‘s travelling abroad by paying attention to:

a) the duration of travelling outside the country of residence. The Law of the Republic of Lithuania on the Declaration of the Place of Residence provides that the residents of the Republic of Lithuania must declare their place of residence in another country if they move from the Republic of Lithuania for a period exceeding six months.

b) the purpose of travelling outside the country of residence. If a child goes on a tourist trip, visits his or her relatives during the vacation or travels from the country of residence for treatment purposes, but does not intend to settle in that foreign country, such travelling abroad is deemed to be temporary. In cases where a child is deregistered from educational, healthcare institution in the country of the habitual residence or is enrolled at the education institution in a foreign country, obtains registration in healthcare facility, then travelling abroad cannot be deemed to be temporary.

What do the parents who intend to move to a foreign country with their child need to know?

In accordance with the Article 3.156 (2) of the Civil Code of the Republic of Lithuania, parents have equal rights and equal duties in respect of their children regardless of whether the child was born to married or unmarried parents, after the dissolution of their marriage, after the marriage annulment by the court or to separated parents. Parents are jointly and equally responsible for the child‘s upbringing and care (the Article 3.159 (2) of the Civil Code of the Republic of Lithuania). It means that both parents shall jointly and equally exercise of their rights of custody (the right to take care of the child, the right to establish the place of residence of the child) regardless of whether their marriage has been terminated and the child's habitual residence has been determined with one of the parents. Therefore, both parents of the child must also decide on the travelling of the child outside the country of residence for the purpose of permanent residence in a foreign country.

In cases where one of the parents of the child travels together with the child outside the country of residence for the purpose of permanent residence in a foreign country, it is necessary to obtain a written consent on the child‘s permanent residence in a foreign country of another parent of the child who does not travel with the child to a foreign country. The Article 3.174 (3) of the Civil Code of the Republic of Lithuania provides that the parent with whom the habitual residence of the child is established shall have the right to take the minor child whose habitual residence is in the Republic of Lithuania to a foreign country for the purpose of permanent residence only after having obtained a written consent of another parent. If another parent refuses to give such consent, the dispute shall be referred to the court. Consequently, where only one parent of the child moves abroad with a child for the purpose of permanent residence it is necessary:

That the habitual residence of the child be established by the court judgement together with one of the parents who moves abroad;

That another parent of the child who does not travel with the child abroad gives a written consent for the permanent residence of the child in a foreign country.

If dispute arises between the parents of the child regarding the travelling of the child abroad for the purpose of permanent residence and one of the parents who does not travel abroad with the child refuses to give consent for the child to travel abroad, this dispute between the parents must be referred to the court.

In practice, the most common such cases are concerned with situations where parents or other legal child’s representatives refuse to take care for the child, are detained, are serious ill, are deceased, and so on. As well as in such cases a minor could be detained in a foreign country for an offense or could be found in a foreign country by police officers as wanted person and so on.

It should be noted, that in cases in which a child, who is found in a foreign country, in Lithuania has legal representatives who are able to take care for him, a minor’s return to Lithuania must be done by minor’s legal representatives. The State Child Rights Protection and Adoption Service (hereinafter – the Service) in such cases mediates in collection and exchanging of information and cooperation with foreign authorities or with the Lithuanian diplomatic missions.

Procedure

• A foreign competent institution or Lithuanian diplomatic mission after receiving information about the child left without a parental care in a foreign country shall immediately inform the Ministry of Foreign Affairs of the Republic of Lithuania.

• The matter of child’s return being solved in close cooperation of a foreign state social service, the Lithuanian diplomatic missions, the Service and the local child rights protection services.

• The decision of child’s return to Lithuania is accepted by the Commission of child's return from foreign country to the Republic of Lithuania issues (hereinafter - the Commission).

• The Commission in each case must take into account interests and opinion of the child, the information provided by the competent foreign institution (note, that in the case of a minor who without parental care remains in the European Union Member State, if there is child’s habitual residence, the solutions of the child's return and child’s guardianship (custody), in accordance with European Union legislation, is competent to rule by authorities of this State. The Service in such cases collects data about the child, asks the local authorities of child's habitual residence an opinion in the matter of child’s return to Lithuania and submits the following information to the Commission).

• After the Commission accepts decision of the child’s return, the consular officer shall assist the competent authorities in organizing the child’s return to Lithuania.

• In accordance with paragraph 12 of the Rules, in the mentioned cases child's return to Lithuania shall be borne by the state budget of the Republic of Lithuania to the Service funding.

IMPORTANT

In a foreign country left without parental care child’s return to Lithuania costs can be reimbursed from the state budget of the Republic of Lithuania to the Service funding only when child, who need be returned, meets the definition from paragraph 2 of the Rules.