Get expert legal help in Belarus for resolving parental disputes and permissions when taking your child abroad.
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What issues may arise with taking a child abroad
If the court changes the procedure for a child’s travel abroad, the child’s details will be added to a database managed by the Ministry of Internal Affairs. This data is accessible to border guards and customs officers. Parents can appeal the court’s decision. Information about travel restrictions can be obtained from the Department of Citizenship and Migration within one working day, or from a diplomatic mission or consulate within 10 working days. This service is free of charge.
General Rules for Taking a Child Abroad
Minors under 18 can cross the Belarusian border with one legal representative, alone, or with a third party, provided both legal representatives have given notarized consent. Border control requires a passport for the minor’s departure, and traveling without it is illegal. If a child is traveling with relatives or others, consent from both parents is needed. Parents can certify consent at a notary office, with a passport and the child’s birth certificate. Consent can also be certified at the Department of Citizenship and Migration.
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Why you need permission to travel abroad
Permission is required for minors to travel abroad to ensure their safety and protect parental rights. It prevents child abduction, ensures both parents agree on the travel decision, and complies with legal requirements. When a child is traveling with one parent, relatives, or a third party, the consent of both legal guardians is necessary to prevent disputes or unauthorized departures. This helps protect the child’s well-being and ensures all parties are informed and in agreement.
Prohibiting a Child from Traveling Abroad
A court may impose a ban on a child’s departure from Belarus if requested by one parent. If the court grants the request, the decision is entered into a travel ban database. This prevents the child from leaving the country, as border guards will be notified of the restriction. The departure will be temporarily prohibited, ensuring that the child cannot cross the border until the ban is lifted or the issue is resolved.
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The list of exit documents
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Procedure for minors’ travel abroad
- Accompanied by Both Legal Representatives
A minor can leave Belarus if accompanied by both legal representatives, who must present documents confirming their status to border guard officers. - Accompanied by One Legal Representative
When traveling with one legal representative, the minor must present documents confirming the legal representative’s status to border guards for approval to leave Belarus. - Unaccompanied with Parental Consent
A minor may travel unaccompanied if written consent from both legal representatives is presented to border guards, except in specific cases outlined in the law. - Court-Determined Travel Procedure
If one parent disagrees with the departure procedure, they can apply to court for an alternative arrangement, which may restrict the child’s travel rights.
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- Travel Restrictions for Minors
Minors may be temporarily restricted from leaving Belarus if a court decision alters the travel procedure. Information about this restriction is stored in a data bank. - Travel Without One Legal Representative’s Consent
If one legal representative is absent or unreachable, a minor may leave Belarus with consent from one legal representative, provided court documents or other legal proofs are presented. - Court Decisions on Travel Without Consent
Documents like court decisions on parental incapacity, deprivation of rights, or missing status can validate a minor’s travel without one legal representative’s consent. - Foreign-Affidavit Documents
Similar documents issued by foreign authorities can be used to confirm the absence or inability of one parent to consent to the child’s departure from Belarus. - Travel for Recuperation
Minors leaving Belarus for recuperation in organized groups need consent from one legal representative or travel with a guardian, presenting relevant documentation to border control.
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- Travel for Medical Treatment
For minors traveling for treatment or counseling, they must present consent from one legal representative and a commission decision from the Ministry of Health allowing the travel. - Orphaned or Parental-Care-Less Minors
Orphaned minors or those without parental care may leave Belarus with written consent from one legal representative and required documents proving the child’s legal status. - Study Abroad for Orphaned Minors
Minors with orphan status can leave for studies abroad with consent from one legal representative, or if necessary, the local executive body’s decision approving the travel. - Travel for Recuperation, Treatment, or Counseling for Orphans
Orphans traveling for recuperation, treatment, or counseling abroad must present specific documents such as approvals from relevant authorities, including medical commissions or local authorities. - Educational Travel for Orphans
Orphans may travel abroad for education with written consent from one legal representative or an official order from the local executive body allowing the minor’s departure.
Documents Required for a Minor’s Departure Without One Legal Representative’s Consent
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Rules for crossing the border of Belarus by underage citizens of Russia
- Travel with Legal Guardians
Minor citizens of the Russian Federation typically leave the country accompanied by at least one parent, adoptive parent, guardian, or custodian. - Unaccompanied Travel with Notarized Consent
If traveling unaccompanied, a minor must present a notarized consent from their legal guardians, detailing the travel period and destinations. The second parent’s consent is not required. - Extended Travel Consent Certification
For travel lasting more than three months, the notarized consent must be additionally certified by guardianship and custody authorities.
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- Opposition to Departure Resolved in Court
If one parent, adoptive parent, or guardian opposes the minor’s departure, the issue must be resolved through a court decision. - Organized Group Travel
When traveling in groups without parents or guardians, the group leader assumes the responsibilities of the minor’s legal representatives. - Travel for Incompetent Citizens
A court-declared incompetent citizen may leave Russia with a capable adult ensuring the minor’s and others’ safety, upon request by the parents or guardians.
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FAQ
In most cases, a child cannot travel abroad without the consent of both parents or legal guardians, unless specific circumstances apply. If only one parent is traveling with the child, written consent from the other parent is required. However, if one parent cannot be reached or has legal reasons preventing consent, such as being absent, incapacitated, or missing, court intervention may be necessary. For minors traveling alone or with a third party, both parents’ notarized consent is typically required unless a court decision authorizes otherwise.
If one parent opposes the child’s travel abroad, the other parent can apply to the court to resolve the matter. The court will evaluate the situation, considering the best interests of the child and other legal factors. If the court approves the travel, the decision will be legally binding, and the opposing parent must comply. In cases of unresolved disputes, court intervention is often required to determine the procedure for the child’s departure and ensure it is in the child’s best interest.
To formalize parental consent for a child’s international travel, both parents must provide written consent. This consent must be notarized to confirm its authenticity. The consent document should specify the travel period, destinations, and the accompanying parent or guardian. If one parent cannot provide consent due to legal incapacity, absence, or other issues, additional documentation, such as a court order, may be required to confirm the child’s departure is authorized.
The child must have a valid passport for international travel, regardless of age. For minors, a visa may also be necessary, depending on the destination country. In addition, written consent from both parents (if applicable), a birth certificate, or a document confirming legal guardianship may be required. The necessary documents will vary depending on the specific circumstances, such as whether the child is traveling with both parents, one parent, or a third party.
A minor can travel accompanied by one or both parents, legal guardians, or a third party if the proper consents are provided. If the minor is traveling with a third party, consent from both legal guardians (in the case of divorced parents or separated guardians) is usually necessary. In cases of a minor traveling alone, special authorization from both parents or the legal guardian is required. The individual accompanying the minor should be an adult capable of assuming responsibility for the child’s welfare during the trip.
A letter of consent for a child’s departure can be certified by a notary public, a government authority such as the Department of Citizenship and Migration, or a consular office of the country in question. The notarization confirms that the consent is legally valid. In some cases, a competent authority or official of a foreign state may also certify the consent, provided the document is apostilled or properly translated, depending on the destination country’s requirements.
To confirm the status of a guardian or custodian, a legal document such as a guardianship certificate or court decision recognizing the guardian’s appointment must be submitted. This document confirms that the guardian has legal responsibility for the child’s well-being and decision-making. In cases of guardianship over an orphan or a child without parental care, a court ruling or relevant government decision may be necessary to verify the guardian’s rights.
It is generally not possible to travel abroad with a one-year-old child without a passport, as most countries require all travelers, including infants, to have a valid passport. In some countries, minors may be included in one of the parents’ passports, but this is increasingly rare. For international travel, it is best to apply for a passport for the child well in advance to ensure compliance with the destination country’s travel regulations.
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АдвокатЮридическую помощь оказывает адвокат Антон Гриневич, Специализированная коллегия адвокатов № 2 в Минске.
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АдресОфис: 220029, Республика Беларусь, город Минск, улица Красная 1, комната 3, этаж 1. Почтовый адрес: 220029, Республика Беларусь, город Минск, улица Красная 1, комната 3, этаж 1.
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Время работыПонедельник – Пятница 9:00-19:00