The problem of international child abduction may arise not only among citizens who live in Belarus. Children of foreign citizens can be taken out and held in Belarus. This happens when one of the parents, usually a citizen of Belarus, illegally takes the child to Belarus from the state of residence without the consent of the other parent or judicial permission. Often in this case, the marriage between the child’s parents is not registered or terminated. A foreign parent who wants to exercise his rights as a parent and return the child needs the help of an experienced lawyer in such cases.
Implementation of protection against international child abduction in Belarus
The unlawful removal of a child to the Republic of Belarus and the unlawful detention of a child in Belarus is considered kidnapping.
When a child is abducted and taken to Belarus from other countries, the situation becomes difficult and requires urgent action. First, the parents or parent must contact the police in their State and notify them of the abduction. After that, you should contact the Embassy of your country in Belarus to receive consular support.
Law enforcement agencies intervene in a situation when it goes beyond private conflicts and becomes criminal. In this case, investigations and operational measures may be carried out to locate and return the abducted child.
International agreement on child abduction
Belarus participates in the international agreement on international child abduction, as well as about 80 other participating states. Among them are Australia, Austria, Albania, Andorra, Argentina, Armenia, Belgium, Bosnia and Herzegovina, Bulgaria, Brazil, Great Britain, Hungary, Venezuela, Germany, Greece, Georgia, Denmark, Dominican Republic, Israel, Ireland, Iceland, Spain, Italy, Kazakhstan, Canada, Cyprus, Colombia, Costa-Rica, Latvia, Lesotho, Lithuania, Luxembourg, Malta, Morocco, Mexico, Moldova, Monaco, Netherlands, Nicaragua, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Russia, San Marino, Seychelles, Serbia, Singapore, Slovakia, Slovenia, Thailand, Turkey, Uzbekistan, Ukraine, Finland, France, Croatia, Czech Republic, Chile, Switzerland, Sweden, Sri Lanka, Estonia, South Africa, Japan, etc.
Even if a child was illegally taken to Belarus from a State that has not signed an international agreement on international child abduction, the child can be returned to his homeland. This will require the services of an experienced family lawyer.
Who is considered a child for international protection from abduction
For international protection against abduction on the basis of an international agreement with Belarus, the child must be:
- Under the age of 16.
- Immediately before the transfer or retention, the child must permanently reside in the territory of a State party to an international agreement and be moved to another State party to the agreement.
- At the time of the child’s transfer or retention, he was under the care of a parent or other guardian who took care of him or could have taken care of him if the child had not been moved or retained.
When a child was illegally taken to Belarus from a state that is not a party to an international agreement with Belarus, it is necessary to study each specific case. As a general rule, a person under the age of 18 is considered a child in Belarus.
Who can apply for the return of the child
The return of a child from Belarus to the State of residence may be required by a parent or a person who has the right of custody of the child. In addition to returning the child home, the parent or guardian may demand the right of access to the child: to see him at his place of residence in Belarus. Currently, the most common demands are for the return of the child.
Where to apply for the return of the child
Faced with the problem of abduction, a foreign parent can apply to the court of the Republic of Belarus at the place of residence or place of residence of the child or through the Ministry of Justice to this court of the Republic of Belarus. It is important to emphasize that in one application you can demand the return of two or more children who were abducted and are in Belarus.
The application must be submitted in one of the official languages of Belarus: Russian or Belarusian. Also, a lawyer who has experience of participating in such trials will be required in court.
How to prepare for the trial when the child was taken to Belarus:
Step 1. Prepare your documents on the rights to the child and his place of residence. When the parents are divorced, the court decision usually determines the place of residence of the child with one of the parents. Confirm the identity of the parent and parenthood with the child’s birth certificate, in which the parents and passport are recorded (refugee certificate, biometric passport). When a child is born outside Belarus or has legally left with one of the parents or family, it is advisable to prepare documents on the child’s residence outside Belarus.
Step 2. Make copies of these documents, notarize them and make a notarized translation of these documents into Russian or Belarusian.
Step 3. Write an application to the Ministry of Justice of Belarus or to the court at the place of residence (stay) of the child for the return of the child or an application for the exercise of access rights to the child.
The statement indicates:
- Information about the identity of the applicant (this is the person on whose behalf the lawyer draws up the application), the child and the person allegedly moving or holding the child, this person is called the “defendant”.
- The date of the child’s birth.
- The circumstances on which the applicant’s claim for the return of the child is based.
- All available information regarding the child’s location and the identity of the person the child is believed to be with.
It is recommend to attach the documents listed in Step 1 to the application.
Step 4. Send the documents to the Ministry of Justice of Belarus or to the court at the place of residence (stay) of the child in Belarus. Our lawyer will prepare the necessary documents and represent your interests in government agencies.
There is no need to pay the state fee for the court’s consideration of such an application.
At each stage, you will be accompanied by an experienced lawyer who will advise you on all issues related to the return of the abducted child.
How does the court consider an application for the return of a child or for access to a child
A parent or other person who can determine the child’s place of residence, a guardian, may file an application with the court or the Ministry of Justice for the return of the child or for the exercise of access rights. Under those circumstances, we recommend that you contact our lawyers, who have a positive experience of participating in the consideration of such cases by the courts, to prepare an application.
Features of the court’s consideration of the case:
- The prosecutor and a representative of the guardianship and guardianship authority must be called for judicial review of the case.
- When considering a case, the court takes into account the child’s opinion about where he wants to live and by whom, when the child has reached the age at which such decisions can be made consciously. The opinion of the child is clarified by social educators.
- The time limit for consideration of the case is no more than 42 days from the date of acceptance of the application by the court.
- The applicant is informed about the place and time of consideration of the case through the Ministry of Justice, even when the applicant’s interests are represented by a lawyer.
It should be understood that during the consideration by the Belarusian court of the case on the return of an unlawfully displaced or detained foreign citizen child, he is not allowed to leave Belarus. When the parent who is holding the child in Belarus is also a foreign citizen, and the court is considering a case against him on the return of the child from Belarus, such a parent is also not allowed to leave Belarus.
How court decisions on the return of a child unlawfully displaced or detained in Belarus are enforced
The bailiff executes court decisions on the return of the abducted child at the place of residence or stay of the child.
Initially, the bailiff provides the debtor with seven days for the voluntary transfer of the child.
To transfer a child, a representative of a foreign parent (lawyer) is required, as well as a representative of the Belarusian guardianship and guardianship authority. If necessary, a representative of law enforcement agencies, a doctor, a teacher, an interpreter, etc. can be involved in the transfer of a child. It is difficult to organize the transfer process on your own, so we recommend that you involve our lawyer for this.
How we can be useful in resolving issues related to international child abduction
Our lawyers and attorneys are experienced specialists in the field of private international law and have extensive experience in resolving issues related to international child abduction. We can:
- Advise you on the issues of contacting the Ministry of Justice and the court on issues related to the abduction of children.
- Prepare a package of documents for sending to the Ministry of Justice, to the court, translate them into Russian or Belarusian and monitor the movement of documents.
- Represent your interests in the state bodies of Belarus and in court in cases related to international child abduction.
- Monitor the execution of the court decision on the return of the abducted child.
Contact us
If you have any questions related to the international abduction of children and their detention in Belarus, we will be happy to help you! Our long-term experience in the field of private international law and the resolution of issues related to international child abduction will help you in resolving any disputes.
Phone and e-mail communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
