Questions about the registration of the child’s departure abroad may arise from parents who live in different countries or when the child needs to leave with one of the parents, with another relative. When the child’s parents are divorced, there may be disputes between them about the child’s departure abroad.
What is the procedure for children to travel abroad established in Belarus
When a child under the age of 18 temporarily travels abroad with his parents, he only needs a passport. There are special features of leaving Belarus when a child goes abroad for a while without parents or with one of them.
Together with the parents, the child can travel abroad without obstacles. Both parents must bring their passports with them to confirm the status of the child’s parents to the border or customs service officers. The same procedure works when a child goes abroad with one of the parents.
Without parents, a child can travel abroad together with other children in a group or with an accompanying person to participate in competitions, other events, health improvement, for treatment.
A child can travel abroad without parents, with an accompanying person: for example, with a grandmother or grandfather. In this case, he or the accompanying person must show the border or customs service officer the written consent of both parents or a copy of the court decision on the possibility of leaving the Republic of Belarus without the consent of the other parent. Copies of court decisions on the recognition of another parent as incapacitated, on the deprivation of his parental rights, a certificate from the police that the second parent is wanted and some other documents are also suitable.
A child can travel abroad without parents together with a group of children for rehabilitation, treatment or medical care. In this case, the written consent of one of the parents is required. The accompanying person of a group of children shows this consent to an employee of the border or customs service.
One of the child’s parents, for various reasons, may be against the child going abroad in this order. Upon a reasoned application of this parent, the court may change this procedure for the child’s departure abroad.
What the court takes into account when changing the order of a child’s departure abroad
A parent who is against the departure of a child in a general manner may file an application with the court to determine the procedure for the departure of a minor from the Republic of Belarus.
The court checks whether their departure abroad is in the interests of the children. Usually the court asks for the conclusion of the guardianship and guardianship authority. The guardianship authority finds out whether traveling abroad will harm the interests of the child, whether the educational process will be disrupted, whether children will be able to see the second parent when the communication procedure is established, etc. The court does not find out the opinion of the children regarding their departure abroad.
The court may meet the parent who asks to change the order of children’s departure abroad when:
- children regularly leave without the consent of this parent, who participates in their upbringing and maintenance,
- the parent does not have the opportunity to meet with the children in person due to the fact that they have left Belarus.
In this case, the court makes a decision on the departure of children abroad with the consent of the parent who filed an application to the court.
A parent who is raising a child may demand in court to allow the child to travel abroad for treatment, competitions or rehabilitation as part of a group of children without the consent of the second parent, when the second parent does not consent to such a departure.
The court may allow the child to travel abroad without the consent of one of the parents for the entire time until the child comes of age or for certain dates or trips.
In some cases, the court may decide to temporarily restrict the child’s travel abroad if it is in the interests of the child.
What questions may arise with the departure of a child abroad
If the court decides to change the order of the child’s departure abroad, then information about the child and the order of departure will be entered into the data bank on citizens whose right to leave the Republic of Belarus is temporarily restricted. This data bank is maintained by the Ministry of Internal Affairs of the Republic of Belarus. Information from the data bank is received by border and customs officers. The court’s decision to change the order of the child’s departure abroad can be appealed.
You can find out about the restriction of a child’s travel abroad at the Citizenship and Migration Department at the child’s place of residence in the Republic of Belarus or at the diplomatic mission, consular institution of the Republic of Belarus. Information about the restriction of departure is provided free of charge: the Citizenship and Migration Department — no later than 1 working day after the submission of documents, the diplomatic mission or consulate — no later than 10 working days.
How we can be useful in solving issues about changing the order of a child’s departure abroad
Our lawyers and attorneys are experienced specialists in family law and speak English. We can:
- Orient you in matters of changing the order of the child’s departure abroad;
- Draw up the necessary documents, including an application to the court or a complaint against a court decision;
- Represent your interests in court by a power of attorney.
Contact us
If you have any questions or disputes regarding changing the order of the child’s departure abroad — we will be happy to help you! Our many years of experience in the field of family law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
