Planning a trip abroad with a child requires special attention to legal aspects, especially regarding border crossing. The Republic of Belarus has strict rules and procedures governing the departure of minors from the country. Ignorance of these rules can lead to delays at the border or even trip cancellation. This article will look at the current requirements for documents, cases where the notarized consent of one or both parents is required, and exceptions to the rules. Understanding these nuances will help to avoid unpleasant surprises and make the trip comfortable and safe.
In Which Cases it is Important to Know the Procedure for the Child’s Departure from Belarus
It is especially important to know the procedure for a child’s departure from Belarus in situations where it is necessary to comply with legal norms and ensure the safety of a minor. Failure to comply with these requirements may result in refusal to cross the border or even administrative sanctions. Let’s look at the key cases in which it is important to familiarize yourself with the rules in advance and get advice from an experienced lawyer:
1. The child’s departure abroad with one of the parents
If a child travels only with his mother or father, it must be borne in mind that documents will be required to confirm an adult’s parentage. A notarized permission to leave the child from the second parent is not necessary.
2. Travel with third parties (relatives, friends, accompanying persons)
When travelling with an accompanying person (for example, a teacher or coach), the notarized consent of both parents or legal representatives is required. The document specifies the country and the period of stay.
3. Travel to countries with a visa regime
It is important to have a permit and properly prepare documents for obtaining a visa for countries requiring it. Consulates may request additional documents confirming parental consent.
4. Departure for long-term training or treatment
In cases where a child travels abroad for a long time (study, treatment), in addition to parental consent, additional documents may be required, such as certificates from educational institutions or medical institutions.
5. If the parents are divorced, one of them does not agree to leave
In such a situation, the order of departure is regulated by a court decision. If one of the parents prevents the child from leaving, the other can go to court to get permission.
6. Departure of an orphan child (a child who is under guardianship)
For children who are under guardianship, departure is possible only with the permission of the guardianship and guardianship authorities. At the same time, the consent of all interested parties is required.
Knowing and following the procedure for the child’s departure abroad will help to avoid legal problems and ensure a safe trip. Before planning a trip, it is important to consult a lawyer to learn all the requirements of the country’s border control authorities and consulates.
The Procedure for Child’s Departure Abroad, which is Valid in Belarus
If a child under 18 temporarily leaves the country with his parents, he only needs a passport. However, the departure procedure changes if the child travels without parents or with one of them. Let’s consider different situations of children travelling abroad and the specifics of each of them:
Departure With Parents
When travelling with parents, no additional documents are required except for the child’s passport. Both parents must have passports to confirm their parental status to border or customs officers. Similar rules apply if the child is travelling with only one of the parents. In this case, you do not need a notarized permission for the child to leave from the second parent. Visas may also be required, issued according to the state’s rules to which the parents and the child are sent. It may be a separate visa for the child or indicated in the parent’s visa.
We also recommend that you obtain a child’s birth certificate when the child’s name is not recorded in one of the parents’ passports.
Non-native parents need to have a certificate of adoption or a copy of the court’s decision on this.
Guardians need to have a certificate of the right to represent the interests of the ward, as well as, if necessary:
- An agreement on the transfer of a minor to foster family.
- An agreement on the conditions for the upbringing and provision of a minor in a family-type children’s home.
- A copy of the decision of the guardianship and guardianship authority on establishing guardianship or guardianship over a minor and the appointment of a citizen as a guardian or trustee of a minor.
Departure Without Parents
If a child travels without parents but as part of a group or with an accompanying person (for example, a grandmother or grandfather) to participate in competitions, wellness programs, treatment or for other reasons, the written consent of both parents will be required. Alternatively, you can provide:
- A copy of the court decision on permission to leave without the second parent’s consent.
- Documents from the court on the deprivation of parental rights of a parent whose consent cannot be obtained.
- Copies of the court’s decision on the incapacity of the second parent.
- A certificate of the search for the second parent.
- The death certificate of the second parent.
- A certificate from the civil registry office (territorial registry office) stating that the entry about the child’s father was made in the registration book from the words of the mother, who was not married.
- Other official confirmations.
- When a child travels abroad for medical care without parents, in addition to the permission of one of the parents, a decision of the commission on sending citizens of Belarus outside the republic to receive medical care from the Ministry of Health is needed.
- Children who do not live permanently in Belarus and travel without parents (guardians) must have written consent from one of them and a passport that entitles them to enter and leave the country.
- There is a separate list of documents for orphans or children under guardianship to leave Belarus. If necessary, our lawyer will consult you about such documents.
Group Departure
In case of a group departure of children for treatment, rehabilitation, or medical care, the accompanying person must have the written consent of one of the parents. This document is presented to the border or customs service staff. When it is impossible to obtain the consent of one of the parents, one of the documents listed above will be suitable for a child living without parents.
In addition, the accompanying group must have several documents that will be required to be presented at the border. In particular, this is a list of children and accompanying persons certified by an organization that has the right to conduct activities related to the rehabilitation of children abroad. Regarding the exact list of accompanying documents, we recommend that you get the advice of our lawyer.
Who Certifies the Consent to Children’s Departure
The parent’s consent to travel abroad is certified by a notary or an official with the right to perform notarial acts (for example, the chief physician of a medical institution, the commander of a military unit, etc.).
In some cases, consent is certified in the territorial division for citizenship and migration of the Ministry of Internal Affairs of Belarus at the place of residence of the parent (guardian) of a minor or a child.
When the parents or one of them is abroad and is a foreign citizen, the consent is certified by the authorized bodies of another state. Such consent must be apostilled, translated into Russian or Belarusian, and notarized for the accuracy of the translation or the translator’s signature. For all questions related to obtaining and processing consent for a child to leave Belarus, we recommend contacting our experienced lawyers.
Controversial Situations
If one of the parents objects to the child’s travel abroad, he can apply to the court with a reasoned statement. In this case, a court decision may change the child’s order of departure. In turn, a parent who is denied permission by the other parent to leave the child can also go to court.
What Documents Can Provide for the Procedure for Children’s Departure from Belarus
If a child leaves Belarus without parents (with another relative, with a group), it makes sense to provide for a situation where the second parent will not consent to leave. To do this, you can specify in the Marriage Contract or the Agreement on children the possibility of a child leaving Belarus without the other parent’s consent. When there is such an entry in these documents, when leaving Belarus, the child must present such documents or copies of them at the border. For the conclusion and amendment of a Marriage Contract, an Agreement on children, we recommend contacting our experienced lawyers.
Changing the Procedure for the Child’s Departure Abroad Through the Court
The parent who objects to the generally accepted procedure for the child’s departure abroad may apply to the court to determine the procedure for the minor’s departure from Belarus. Our lawyer will make such a statement and represent your interests in court if necessary.
In addition, a parent who is engaged in the upbringing of a child has the right to apply to the court with a request to allow the child to travel abroad for treatment, competitions or recreational activities as part of a group without the consent of the second parent if he refuses to give it.
How Does the Application Process Work
The court is considering the question of whether the departure of children outside the country is in their interests. Usually, for this purpose, they request the opinion of the guardianship and guardianship authority, which assesses whether such a trip will not harm children, whether their educational process will not be disrupted, and whether they will be able to maintain contact with the second parent if the communication procedure is established. At the same time, the court does not find out the children’s opinions about going abroad. We recommend that you conduct cases in court through an experienced lawyer-representative.
What Decision Can the Court Make
The court may accede a request from one of the parents to review the conditions for children to travel abroad in the following cases:
- Children regularly leave the country without the consent of a parent actively involved in their upbringing and maintenance.
- The parent does not have the opportunity to see the children, as they are located outside Belarus.
In these situations, the court may decide that the departure of children abroad is possible only with the consent of the parent who applied to the court.
The court may allow a child to travel abroad without the consent of one of the parents for the entire period until the child reaches adulthood or for specific dates or trips.
In some cases, the court may impose temporary restrictions on the child’s travel abroad to protect his interests.
Representing an experienced lawyer in court increases the chances of a case being considered in your interests.
Conclusion
The departure of a child abroad from Belarus requires a careful and balanced approach. Parents must be ready for an open dialogue and discussion of issues related to international travel to avoid conflicts and protect the interests of their children. Knowledge of legal nuances and legal norms will help parents interact correctly with the guardianship authorities and the courts, ensuring the well-being and stability of their children in the context of international travel. Applying for the services of experienced attorneys will help avoid conflicts and establish communication to resolve the situation related to the departure of a child from Belarus.
In the case of a court dispute, it is important to understand that the court, when making decisions, focuses on the interests of the child, considering the impact of departure on studies, health and relationships with parents in a situation where there is a need to leave, whether, for competitions, treatment or other important events, the court may decide without the consent of the second parent if this does not contradict the interests of the child. To represent your interests in court, we recommend using the services of an attorney, an experienced and professional participant in the court process.
Contact us
If you have any questions or disputes regarding the child’s departure abroad in Belarus, we will be happy to help! Our long-term experience in divident payment will help you resolve any disputes in this area.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
