Divorce is not only difficult for spouses — it is a turning point for their children. One of the most contentious questions in any divorce is where the child will live. In Belarus, this is decided under the Code of the Republic of Belarus on Marriage and Family, and the guiding principle is a single one: the best interests of the child. Over the last two years the Code has been substantially updated by the Laws of 8 July 2024 No. 26-Z, 12 July 2025 No. 86-Z and 9 December 2025 No. 110-Z. Some new provisions took effect on 17 July 2025 and 17 January 2026, so any analysis of child residence cases in 2026 has to start from the current wording of the Code.
This article walks through the current rights and duties of parents, how the child’s residence is determined, the role of the Agreement on Children, and the questions our family lawyers hear most often from clients.
Why It Is Important to Decide Where the Child Lives
The child’s place of residence is not a formality. It is a baseline for stability after the divorce. It determines which school the child attends, who receives state benefits, where the child is registered, and who can make quick decisions about health and education. If it is left unresolved, conflicts between former spouses drag on for years — and the child suffers first.
Under Article 74 of the Code on Marriage and Family, the child’s place of residence is considered to be the place of residence of the parents. When parents live apart, the matter is decided by their mutual agreement, and in case of dispute — by the court, based on the child’s interests. The full text of the Code is available on the official National Legal Internet Portal.
Equally important, the parent who does not live with the child retains the right to communicate with them and to take part in their upbringing. Even if the child stays with the mother, the father has the right to see the child and share the duty of maintenance — and vice versa. Belarusian law is firm on this: divorce ends the marriage but not parenthood.
What the Law Says in 2026
The main legislative act is the Code of the Republic of Belarus on Marriage and Family of 9 July 1999 No. 278-Z (hereinafter — the Code). Articles 74, 76-1, 77, 36, 39 and 86 form the framework within which courts and guardianship authorities decide on the child’s residence after divorce.
Since 17 July 2025 several key points are firmly embedded in court practice. The court establishes which parent shows more care and attention: not only income, but actual involvement — who takes the child to school, the doctor, extracurricular activities. It then considers the child’s age and attachment to each parent, the personal qualities of the parents (bad habits, criminal record, psychological stability), and the ability to provide adequate living conditions and a healthy moral atmosphere.
The opinion of a child who has reached the age of 10 is taken into account without fail, except when it contradicts the child’s own interests. That opinion is elicited at the court’s request by the guardianship authority at the child’s place of residence — not by the judge in the courtroom, which reduces psychological pressure on the minor.
The updated mediation rules also deserve attention. The Code now expressly provides for the right to a free informational meeting with a mediator, both when applying to the civil registry office and when filing a court claim. In many family disputes mediation leads to a settlement without a court decision — saving time, money and the family’s psychological resources.
Agreement on Children: How to Settle Things Without Court
The best-case scenario is when parents are able to come to terms on their own. For that, there is a dedicated instrument — the Agreement on Children (Article 76-1 of the Code). It is a written document that must be notarised.
In an Agreement on Children, parents are entitled to determine: which of them the children will live with; the procedure for contact and for the non-resident parent’s participation in upbringing; the amount, methods and schedule of alimony payments; the procedure for taking children abroad from the Republic of Belarus; and other matters relating to upbringing and maintenance. The one hard limit is that the arrangements must not violate the child’s rights and lawful interests or contradict the law.
The Agreement on Children may be modified or terminated by mutual consent — in the same form as it was concluded. On the request of one parent, the document may be modified or terminated through the court. The court may also declare the agreement invalid if it infringes the child’s interests. We covered the procedure in more detail in our article on child residence and contact after divorce.
The Marriage Contract is another tool worth considering. It can regulate property and some non-property arrangements before any divorce, reducing future conflicts. But questions about raising a child after the marriage ends usually go into the Agreement on Children rather than the marriage contract.
If Agreement Is Not Possible: Court
If parents cannot reach agreement, the dispute is settled in court. Under Article 36 of the Code, when accepting a divorce petition the court grants the spouses a three-month reconciliation period and explains the right to mediation. When the period expires, the divorce is granted if the court establishes that preserving the family is no longer possible. The court may extend reconciliation by up to six months.
Where there is a dispute about upbringing and maintenance and no Agreement on Children, Marriage Contract or Alimony Agreement is in place, the court together with the divorce decree determines which parent the children will live with, the non-resident parent’s contact and involvement, and the amount of alimony (Article 39 of the Code).
The guardianship authority plays a special role. Under Article 86 of the Code, a case involving a child’s upbringing may only be scheduled for hearing after the court receives the guardianship authority’s opinion. Specialists visit both parents’ homes, examine living conditions and speak with the child. If the court disagrees with that opinion, it must give reasons in the judgment — which in practice makes the guardianship authority’s position close to decisive in a contested case.
In some cases the court also engages psychological specialists to assess the child’s emotional state. This is particularly relevant where there is a long-running conflict or a suspicion that an adult is pressuring the child. The psychologist’s conclusion does not replace the child’s own opinion, but helps the court separate a genuine preference from an imposed position.
The final judgment states clearly which parent the child lives with, the contact schedule for the non-resident parent, and the amount of alimony. It is subject to immediate enforcement if leaving the child with the respondent could harm their physical or mental health.
Contact Rights of the Non-Resident Parent
Article 77 of the Code states clearly: a parent living apart from the children has the right to communicate with them and the duty to participate in their upbringing. The parent with whom the children live is not entitled to prevent the other parent from communicating with them. This is one of the most frequent conflict zones after divorce — and the courts respond actively.
The court can set a specific contact schedule: hours and days per week, arrangements for school and public holidays, summer vacations, and permission to communicate electronically. At the same time the court may restrict contact by one or both parents where such contact does not meet the child’s interests or the agreement is repeatedly breached.
Age of the Child and the “Mother by Default” Myth
A common misconception is that “children always stay with the mother.” No such presumption exists in the Code. The father and mother have equal rights and duties towards their children even after the marriage is dissolved, unless the Agreement on Children provides otherwise (Article 76). What the court really does take into account is age.
For infants and children under three, attachment to the mother and breastfeeding do naturally influence the decision. But this is not automatic: if the mother leads an antisocial lifestyle or is unable to provide for the child, the court will side with the father. As the child grows, their own habits, attachments and opinions gain weight. From age 10 the child’s opinion must be taken into account unless it is contrary to their interests.
What to Do If Agreement Is Not Possible
When compromise is unreachable, it is better to enter the court process well prepared. The parent who wants the child to live with them will benefit from references from work and neighbours, medical documents showing attendance at appointments with the child, school certificates, income and housing evidence, witness statements, and correspondence confirming involvement in the child’s life. Each document should support one clear point — the court will not extract meaning from a chaotic folder.
Procedural discipline matters just as much: proper filing (or counter-filing) of the claim, timely motions, engagement with the guardianship authority’s opinion. Practice from the Supreme Court, published on the official portal of the courts of Belarus, shows that cases where a party is represented by an experienced family lawyer conclude faster and with less stress for the family.
Frequently Asked Questions
From 10 years old — that age threshold is set directly in Article 74 of the Code. The child’s view is elicited not in the courtroom but by the guardianship authority at the child’s place of residence.
No. Mother and father have equal rights and duties. The court looks not at gender but at actual care, the child’s attachment, the parents’ personal qualities and their living conditions. Children under three more often stay with the mother in practice, but this is not automatic.
The Agreement on Children remains valid until challenged. However, if it violates the child’s interests or one parent fails to comply with it, the court may — at the request of an interested party — modify, terminate or invalidate the agreement.
Yes. If circumstances change — for example, the parent the child lives with has stopped taking proper care of them — the other parent may bring a court claim to determine a new place of residence for the child.
A contested divorce involving children usually takes 3 to 6 months, including the reconciliation period. A separate claim on the child’s residence is most often resolved in 1 to 3 months. Much depends on the court’s workload and the parties’ engagement.
Formally, yes — but in practice the other side almost always brings in counsel. Mistakes at the stage of filing the claim and gathering evidence are expensive: they often cannot be fixed on appeal.
Conclusion
Determining the child’s place of residence in a Belarusian divorce is both a legal and a human task. The current wording of the Code provides fairly flexible tools: from a notarised Agreement on Children to a court judgment with the guardianship authority involved. But the real outcome depends less on the norm itself than on how competently the parent’s position is prepared. Legal support in matters of a child’s place of residence is one of the key practice areas at AMBY Legal.
Whether you are preparing for a divorce with a Belarusian citizen, considering a marriage contract or need to organise alimony collection, reach out to our team. Our family lawyers guarantee an individual approach and full protection of the child’s interests at every stage — from negotiation to enforcement.