The Other Parent Objects to the Child's Trip Abroad: what to do under Georgian law

What to do

1. Exit rules: a child under 16 may leave with the permission of ONE legal representative and accompanied by an adult (Exit and Entry Law, Art. 8); a child aged 16 to 18 may leave with the consent of one representative (Art. 8). The travelling parent is himself or herself a representative and an escort, so for the Georgian border the other parent's consent is not required; a single objection does not block departure.
2. The real risk is the court: if the representatives disagree, a dispute over travel is decided by the court (Exit and Entry Law, Art. 8). The objecting parent may ask for interim relief: a ban on the respondent taking actions, including a travel ban (CPC, Art. 198). If the measure is applied before the claim is filed, the claim must be filed within 10 days or the measure is lifted (CPC, Art. 192). If a ban is already in place, do not travel; contest it in court, where a separate representative is appointed for the child (CC, Art. 1200). An appeal against a ruling must be filed within 5 days (CPC, Art. 197).
3. If there is a threat, or the trip is long (study, treatment), ask the court yourself to authorise the specific trip: parents decide matters concerning children jointly (CC, Art. 1200), and a parent's rights may not be exercised to the child's detriment (CC, Art. 1199). Show the purpose, the dates, return tickets, guarantees of return, and the child's opinion.
4. Boundaries of this case: without a passport, one parent's consent suffices for a passport only in the exhaustive list of cases (Exit and Entry Law, Art. 8). A relocation, meaning a dispute over the child's emigration, is also a matter for the court (Exit and Entry Law, Art. 23). Retention abroad falls under the Hague Convention; in a return case concerning a child under 16, the child may be prevented from crossing the border (Exit and Entry Law, Art. 10). The entry requirements of the destination country are a separate matter (consulate).
5. Where to apply: district (city) court; guardianship authority (Social Service Agency); border control of the Ministry of Internal Affairs.
6. Evidence: birth certificate; passport; return tickets; clinic or school booking or certificate; correspondence showing the refusal; decision on the child's place of residence.
7. Traps: believing that a child cannot leave with one parent without the other parent's notarised consent; violating an existing court ban; presenting a relocation as a “holiday”.

Be sure to check

• under the Exit and Entry Law, a child under 16 needs one legal representative's permission and an adult escort; for ages 16 to 18, the consent of one representative
• if the representatives disagree, the court decides; a travel ban may be ordered as an interim measure
• without a court ban, travelling with one parent does not require the other's consent; passports and emigration are subject to different rules
• what to prepare for the court and the entry requirements of the destination country