Headline: Bulgaria‘s Schengen Entry Raises Concerns Over Child Abductions
The Bulgarian government’s full accession into the Schengen Area has sparked concerns among legal experts about a potential increase in cases of parental child abduction. While the Schengen agreement aims to ease travel between member states, it has implications for child custody arrangements.
Before Bulgaria’s Schengen integration, children could only leave the country with one parent if they had a consent declaration from the other. Now, while these declarations are still recommended, they are not mandatory for travel to countries like Greece and Romania, according to Bulgarian Border Police.
With the risk of children being unlawfully taken out of the country and potentially spirited away to unknown destinations in other Schengen countries, increased checks are expected. The Schengen Borders Code emphasizes the need to verify both the child’s documents and their accompanying adults, acknowledging children as a vulnerable group.
However, even with the Schengen agreement, parents traveling with children without the other parent should still carry a notarized power of attorney, stipulating that they have permission to take the children across borders.
While border controls towards other Schengen countries have ceased entirely, there’s now a risk that minors could leave the country without the knowledge of one of their parents. As Yordanka Bekirska, an international family law attorney, puts it, "There is one legal measure to prevent this, but it won’t function effectively."
Yet, the Bulgarian Border Police assures that controls will persist. In a 30km border zone, police checks will be strengthened, especially when children are involved. During vehicle stops, officers will inspect the passengers’ documents and verify the relationship between the children and their accompanying adults.
While consent declarations from the other parent are no longer compulsory, it’s still advisable for parents to carry them. In cases of suspected parental abduction or deteriorating relations between parents, authorities advise seeking a court order banning travel in the Schengen zone.
However, lawyers warn that court procedures can take too long. According to Bekirska, "Since the air Schengen began, I’ve had clients whose children were taken away. You need to know where the child’s passport is because whoever has it holds all the power over the child’s travel."
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