In Belarus, as in many other countries, there is a problem of international child abduction. This happens when one of the parents, sometimes both, illegally take the child outside the country without the consent of the other parent or judicial permission. This can happen after the divorce of the spouses and sometimes in marriage. Parents who do this often do not realize that they are kidnapping their own child. A parent who wants to exercise his rights as a parent and return a child needs the help of an experienced lawyer in such cases.
International protection of children from abduction
When the parent from whom the child was abducted knows which state he was taken to, it is easier to seek protection. 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.
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.
Who can apply to the state authorities of Belarus and other countries to search for a child
A person who has rights to a child can apply for the return or visit of a child. It’s not just the parent. This is a person who can determine the place of residence of the child and has the right of custody. For example, a grandmother or another relative of a child or a non-relative may have such a right on the basis of a court decision.
Where to apply for the return of the child
Faced with the problem of abduction, a parent can apply to a choice of several government agencies, not only in Belarus. When a child has been taken to one of the States that have signed an international agreement on child abduction, you can contact:
- To the Ministry of Justice of the Republic of Belarus. The Department for the Execution of International Treaties of the Department of International Cooperation is directly responsible for the performance of these functions in the Ministry of Justice.
- Directly to the judicial or administrative state body of the State to which the child was taken.
- To the authority of another State, which, in accordance with an international agreement, performs the functions of the Central Authority for the Protection of abducted children.
Our lawyers have experience in resolving such cases and will advise you on where it is better to turn to promptly resolve the issue, prepare the necessary documents and represent your interests.
When a child has been taken to a state that has not signed an international agreement with Belarus, the advice of an international law lawyer is required, who will orient where and how to apply in another state, prepare documents and send them to the appropriate state body.
What documents are needed to return or visit a child
Important to realize, a parent or other person who can determine the child’s place of residence may apply for the return of the child or for the possibility of visiting the child.
When the child was taken to a state that has signed an international agreement with Belarus, it is necessary:
Step 1. Prepare your documents on the rights to the child and his place of residence. When the parents are divorced, the decision of the Belarusian court usually determines the place of residence of the child with one of the parents. Additionally, confirm the identity of the parent and the child’s birth certificate, which contains the parents and passport (refugee ID, biometric passport).
Step 2. Make copies of these documents and notarize them and make a notarized translation of these documents into the official language of the state in which the child is being held.
Step 3. Write an application to the Ministry of Justice of Belarus or to the state body of another member state of the international agreement on 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, the child and the person allegedly moving or holding the child.
- The date of birth of the child, if such information is available.
- 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.
Step 4. Translate the application into the official language of the State in which the child is being held.
Step 5. Send the documents to the Ministry of Justice of Belarus or to the state body of the member state of the international agreement to assist in the search and return of the child. Our lawyer will prepare the necessary documents and represent your interests in government agencies.
When a child is taken to a State that has not signed an international agreement on international child abduction, the steps may be different. In this case, you will be guided by our lawyer, who specializes in the field of international private law and the protection of children from abduction, who will accompany you throughout the search and return of the child.
What happens after the state authorities of another state receive an application for the return of a child
When, at the time of receipt by a court of another state of documents on detention from Belarus, less than a year has passed since the abduction, the child will certainly be returned if the documents confirm the rights of the parent or guardian determining the child’s place of residence. When more than a year has passed, they can study the adaptation of the child in a new environment to resolve the issue of returning.
The State authority of the State in which the child is being held will not establish custody over him after receiving notification of illegal transfer or retention.
Provided that the custody decision has already been made at the time of receipt of the documents from Belarus, this does not prevent the return of the child. Most often, in such cases, judicial or administrative proceedings take place to clarify the reasons for which custody of the child is assigned.
Our lawyers will guide you through the procedures that take place in each state after receiving documents on the abduction of a child and on options for resolving issues.
How we can be helpful 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 Belarusian and foreign government agencies on issues related to child abduction;
- Prepare a package of documents for referral to Belarusian and foreign authorities for the protection of children from abduction, translate them into the official language of the desired state and monitor the progress of the case;
- Represent your interests in the state bodies of Belarus and other states on issues related to international child abduction.
Contact us
If you have any questions related to international child abduction, 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.
