Men with three or more minor children are not subject to general mobilization and can leave Ukraine. However, the new law on mobilization has changed the procedure for military registration, conscription and the military medical examination. Find out more about how the new law will affect the rules for men with many children to travel abroad

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According to Article 23(1)(4) of the Law of Ukraine “On Military Mobilization Training and Mobilization,” men with three or more dependent children under the age of 18 are not subject to military service during mobilization. Accordingly, a father with many children cannot be taken to the front, and he has the right to leave Ukraine freely.

Under current law, a man with three or more children from different marriages is not an exception. Thus, relying on paragraph 26 of the “Rules for Crossing the Border”, such a man can leave Ukraine. But at the same time, the key factor is not paternity, but rather the maintenance of minor children.

Has the new law on mobilization changed the rules for crossing the border for parents with many children?

The basic rules for crossing the border during the introduction of martial law and general mobilization are regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 57. On May 18, a new law on mobilization for military service came into force. However, according to SBGS spokesperson Andriy Demchenko, the parliament did not change the government's Resolution No. 57. Therefore, the current rules for traveling abroad remain valid.

However, it should be borne in mind that it is the representatives of the Border Guard Service at the checkpoint who will decide whether to let a man go abroad or not.

Miller Law Firm's attorney-at-law Andriy Novak emphasizes that after the new law comes into force, every military registration document must contain a VIN code. It must be presented at the request of representatives of the TSC and JV, as well as at the request of police officers who, after May 18, have the right to bring to the TSC and JV persons who do not have documents or are in the “evader database” (the Unified Register of Persons Liable for Military Service).

Therefore, even those who have the right to cross the border must visit a territorial recruitment center and receive a military registration document with a VIN code. Border Guard Service employees will read it with a special device to gain access to the electronic personal file of the person liable for military service. 

The situation with the electronic cabinet is also still unclear, as it could not replace a full-fledged record. You can update your personal data through it, but you need to physically appear at the territorial recruitment center to undergo the VLC.

Earlier, we told you that the official app from the Ministry of Defense, Reserve+, became available on May 18. This service allows you to update your military registration data without a personal visit to the TSC and ASC.

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Border crossing for parents of 3 or more minor children

Article 23 of the new law on mobilization states that women and men liable for military service who have 3 or more children under the age of 18 have the right to cross the state border by deferring conscription.

The key detail is that it is not the fact of parenthood that is considered, but the maintenance of children. Therefore, the right to deferment also applies to guardians and adoptive parents.

When crossing the state border, one of the following supporting documents must be provided:

1. Birth certificates of children (three or more under the age of 18);

2. Certificate of marriage registration with the mother of the children (three or more under 18 years of age);

3. Court decision on divorce and determination of the place of residence of children with the father;

4. A court decision on divorce and a decision of the guardianship and custody authority on determining the place of residence of the children with the father;

5. Certificate of the father of a large family;

6. Court decision on deprivation of parental rights of one of the parents;

7. Death certificate of the child's mother;

8. A court decision to take the child from the mother without depriving her of parental rights;

9. A court decision declaring the mother missing.

A man of military age who has 3 or more minor children as dependents may travel abroad even without the physical presence of the children. He just needs to present the relevant documents or their notarized copies.

If a man does not live with his children, he must provide proof of their support, for example, a certificate from the executive service on the payment of alimony. Child support arrears for more than three months deprive you of the right to deferral and border crossing

In our previous article, we wrote about the rules for men with disabilities to travel abroad in 2024.

Deferment from mobilization can be lost for non-payment of alimony

The updated law on mobilization provides for sanctions for parents with many children who evade paying child support. Territorial recruitment centers will have access to a database of arrears, so it will be impossible to hide the fact of non-payment of alimony.

Persons with child support arrears exceeding the amount of 3 monthly payments may be drafted into the army and will lose their right to deferment. 

Starting May 18, you have 60 days to update your military registration data in the TSC and confirm your right to deferment. It is necessary not only to confirm the fact of paternity, but also the absence of debts. This applies to men who do not live with their minor children and have to pay alimony.

The TSCs will submit requests to the State Register of Debtors and Enforcement Proceedings and receive a certificate for each person. If the right to deferral is lost, it can be restored after the debt is paid in full. In case of non-payment, a man may be mobilized to the army.

Where can I go if I am not allowed to go abroad?

If a man with many children has the required package of documents, but representatives of the State Border Guard Service of Ukraine refused to allow him to cross the border, he has the right to appeal the refusal of the border guards. There are two ways to do so:

1. To file a complaint with the main body of the State Border Guard Service that issued the decision to refuse to cross the border (within 30 days after the refusal - free of charge, after a month - with payment of a fee for consideration of the case). 

2. File a lawsuit with the district administrative court to recognize the actions of the Border Guard Service as unlawful regarding the refusal to cross the border (can be filed within 6 months from the date of refusal).

How to file a complaint with the main body of the State Border Guard Service?

The complaint shall be submitted in writing, stating:

1. Contact information;

2. The border crossing point at which the border crossing was denied;

3. The grounds on which the refusal was received.

The application must be accompanied by documents confirming the right to leave Ukraine.

How to file a lawsuit in case of refusal to cross the border?

A lawsuit is filed under Article 160 of the Code of Administrative Procedure of Ukraine to the administrative court at the place of residence of the plaintiff or defendant. The complaint must be accompanied by:

1. Documents confirming the right to leave during martial law;

2. A copy of the refusal to grant permission to cross the border;

3. Receipt of payment of the court fee.

In order to appeal against the refusal to cross the border, you may need legal support. After all, it is very important that all documents and procedural acts are properly executed.

If you need assistance in collecting the necessary package of documents, explaining the rules for crossing the border during martial law, or full legal support on any issues related to leaving Ukraine, please contact the qualified lawyers of Visit Ukraine. You can order a consultation by following the link.

We remind you! Previously, men who left Ukraine for permanent residence were removed from the military register. However, now this provision of the law is no longer in force and such persons must come to the CMC and re-register. Read more about the resolution regulating this issue and the timeframe for fulfilling the requirement.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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