Bulgaria‘s Full Schengen Membership Raises Concerns About Child Abduction
Bulgaria’s full accession to the Schengen Area has raised concerns among legal experts about an increase in cases of illegal child abduction. Under current Bulgarian law, minors cannot leave the country with only one parent without a consent declaration from the other. However, this requirement has become non-mandatory for travel to countries like Greece and Romania upon Bulgaria’s Schengen integration.
The impending risk of children being illegally taken out of the country or taken to unknown destinations in other Schengen states has strengthened the need for stringent checks. As per the Schengen Borders Code, "Children are a vulnerable group, therefore checks are necessary on their documents and those accompanying them."
From January 1, border control towards other Schengen countries has been completely lifted, potentially allowing minors to leave Bulgaria without the knowledge of one parent. This, according to international family law attorney Yordanka Bekirska, creates an enforcement loophole, as the current legal measure to prevent such instances may not be effective.
However, Bulgarian border police assure that controls will continue. In the 30-kilometer border zone, police checks will be enhanced, particularly when minors are involved. Commissioner Rumyana Borisova, head of the Border Control Department at the Bulgarian Border Police, states that during vehicle stops, officers will verify the documents and relationships of those accompanying the minors.
While consent declarations are no longer mandatory, possessing one is advisable for parents. Borisova advises turning to the court for orders preventing illegal child abduction in case of strained parent relations. If a prevention order exists, the child will be returned to Bulgaria upon attempting to cross the Schengen border.
Nevertheless, legal practitioners argue that court proceedings take too long. Bekirska warns that parents should keep track of their children’s passports, as the passport-holding parent holds full authority over the child’s travel.
