When traveling to Schengen countries

When travelling to Schengen countries after Lithuania joined the Schengen area and abolished internal border control, the procedure of temporary travelling of a child outside the country of residence was amended by the Resolution No 414 of the Government of the Republic of Lithuania of 25 April 2007. It is stipulated by the said procedure that the children who temporarily leave their country of habitual residence either with parents or alone no longer need a written consent of one of the parents when they travel to Schengen countries.

Which countries are on the list of Schengen countries?

Currently, the Schengen area consists of 26 countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Greece, Iceland, Spain, Italy, Latvia, Poland, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Portugal, France, Slovakia, Slovenia, Finland, Hungary, Germany, Sweden, Switzerland.

When travelling to non-Schengen countries

A written consent of another child's parent is not required if a child travels to a non-Schengen country with one of the parents. In case the surname of a child differs from the surname of the parent with whom the child travels to a a non-Schengen country, a birth certificate of the child must be provided at the request of the officers of the State Border Guard Service. If a child travels alone to a non-Schengen country, i.e. unaccompanied by the parents or foster parents (guardians) (or by one of them), then the child needs to have a written consent of one of the parents or foster parent (guardian) for the child to travel alone or with an accompanying person. The authenticity of the signature in the consent must be notarized, certified by the officer of the diplomatic mission or consular post of the Republic of Lithuania, or by elder. When a child travels with an accompanying person, a consent of one of the parents or foster parent (guardian) must contain the details of the person who accompanies the child.

When a child travels with a group to excursions, tourist trips or other organised trips to non-Schengen countries

When groups of children travel to excursions, tourist trips or other organised trips (with a sport, scientific, art and other team), an official letter signed and stamped by the travel organizer containing a precise nominal list of the travelling children and the persons accompanying them and a copy thereof must be available. It should be noted that the details of the child may be included on the list only upon receipt of a written consent of at least one of the parents or foster parent (it is the responsibility of the travel organizer to keep the consents during the trip).

Procedure

The court of child’s place residence may consider the child’s placement in another Member State, but before it shall first consult the relevant authorities of the latter State. In this case, the child’s foster care setting and transfer are connected into a single process. The child’s placement in another State is determined by the court decision of establishing the foster care for child.

Regarding the placement of a child in another Member State under the Article 56 of the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, repealing Regulation (EC) No. 1347/2000

Provisions of the Article 56 of the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, repealing Regulation (EC) No. 1347/2000 do not assign the function of giving consent to the child’s placement to central authority, but allows the member states themselves to decide what institution is competent to give consent pursuant to Paragraph 2 of Article 56 of the Regulation.

By performing its functions under the procedure established by legal acts, the State Children’s Rights Protection Service under the Ministry of the Social Security and Labour (hereinafter – the Service) solve issues on the placement of a child, citizen of the Republic of Lithuania, remained without parental care in another state, and (or) the implementation of duties of his/her parents in another state, or the placement of a child, a citizen of a foreign state remained without parental care in Lithuania, and (or) the implementation of duties of his/her parents in Lithuania. Besides, the Service compiles, analyses and stores information on children, citizens of the Republic of Lithuania, permanently residing in a foreign state; chidlren who do not have the citizenship of the Republic of Lithuania and permanently residing in the Republic of Lithuania who are in need of personal or property protection; children taken away by violating custody rights; children who do not have the citizenship of the Republic of Lithuania and are taken care of in Lithuania; children, citizens of the Republic of Lithuania, remained without parental care in foreign states; and children in whose regard an issue of their placement in the Republic of Lithuania is examined.

The Children’s Rights Protection Division of the Municipality administration (hereinafter – the Division) carries out the protection of children’s rights in the municipality territory; identifies children in need of care (welfare) under the procedure laid down in the laws; organizes the establishment and expiration of temporary and permanent custody (welfare) for children remained without parental care; also cooperates with the State Children’s Rights Protection and Adoption Service in the municipality’s territory of practical implementation of the child’s rights protection and on issues of implementing the provisions of international or European Union legal acts. It should be noted that pursuant to valid legal acts, the establishment of the child’s care (welfare) is initiated by the municipality of the residential place declared by the child’s parents, whereas if parents do nto have a residential place - the local municipality of parents residence; therefore, when solving an issue of a child’s placement in Lithuania it is expedient to be guided by the existing practice and legal acts regulating the establishment of child care (welfare) in the Republic of Lithuania.

In light of the fact that the municipality is responsible for the implementation of children’s and youth’s rights protection and adopts decisions on the organization of child care (welfare), provision of social services to the child and family, payment of benefits, etc., a decision on the child’s placement in the Republic of Lithuania should be adopted by the municipality in which territory the last declared residential place or residential place of the child’s parents was, or by a respective municipality which has established temporary custody (welfare) for the child or initiated the establishment of permanent care (welfare) in the case when it is necessary to solve an issue of placement of the child in custody (welfare). Meanwhile the Service has to ensure exchange in information and cooperation with competent authorities of foreign states in identifying the decisions on the child’s placement to be adopted by competent municipalities and providing methodological support to these municipalities.

States (non-European Union), with which Lithuania has signed a bilateral agreement on legal assistance and legal relations in civil, family and criminal matters.

The Republic of Lithuania has signed bilateral agreements on legal assistance with these countries: the Republic of Kazakhstan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Moldova, the Russian Federation, the Republic of Ukraine, the Republic of Uzbekistan.

In these regulations of agreements are contained foster care (guardianship/custody) settings (the applicable law, competence of the courts, and so on.) and the transfer procedure.

IMPORTANT

1) In accordance with all of the Republic of Lithuania and the State (non-European Union) signed bilateral agreements on legal assistance and legal relations in civil, family and criminal matters of guardianship or custody transfer is possible only when the institution, to which transmitted the request, will agree to take over the guardianship or custody and will notify about this the requesting institution. The institution which has taken over the guardianship or custody, implements it in accordance with the own State laws.

2) Person, who wishes to take a foster care, should contact the child rights protection services of his own State to allow them to contact the child's nationality competent authorities.

3) Guardian (curator) together with a foster child, who intend to leave Lithuania and to live in one of the above-mentioned foreign countries must:

a) contact the child rights protection services of his residence municipality, inform about his intentions and indicate future residential address abroad;

b) Upon receipt of this information the mentioned child rights protection services must initiate transferring of guardianship (custody) to another State competent authorities. When applying for a transfer of guardianship (custody) is required to complete legal assistance request, addressed to the another State competent institution to which you want to transfer guardianship (curatorship). In accordance with the above regulations of agreements a legal aid (including custody transfer) is provided by a central authority. In Lithuania the Ministry of Justice (for civil cases) and the General Prosecutor's Office (for criminal cases) are appointed as a central authority.