Grandparents and Other Relatives: Rights Under Belarusian Family Law
Under Belarusian family law, grandparents, great-grandparents, and siblings have a legally recognised right to communicate with and participate in the upbringing of a child. This right exists independently of the parents’ wishes.
Where parents, guardians, or custodians of a child refuse or obstruct contact with grandparents or other close relatives, those relatives have the right to apply to a Belarusian court to establish the procedure for their participation in the child’s upbringing and to remove obstacles to communication.
AMBY Legal advises grandparents and other close relatives on their rights under Belarusian family law and represents them in court proceedings to establish contact arrangements.
Situations where grandparents or siblings living separately from a child are denied the opportunity to communicate with them are not uncommon — particularly following the divorce of the child’s parents or a deterioration of relations between family members.
Where relatives with whom the child resides refuse to allow contact with grandparents, great-grandparents, or siblings, those persons may apply to a Belarusian court to establish the procedure for communication and remove existing obstacles. The court will determine the specific terms of contact — including time, place, and frequency — taking into account the interests of the child.
Legal assistance in establishing the order of the father’s and mother’s participation in raising children in Belarus.
Grandparents, great-grandparents, and siblings may apply to court where parents, guardians, or custodians of the child are obstructing or refusing communication without justification.
In proceedings, the applicant must establish two things: first, that the persons responsible for the child are actively preventing or impeding contact; and second, that communication with the applicant is in the child’s interests and would not have a negative influence on the child, taking into account the applicant’s personal circumstances.
The court will request from the guardianship authority a report on the applicant’s living conditions and an assessment of whether visits to the applicant would be compatible with the child’s school schedule and other obligations, and what times would be suitable for communication.
The court determines the specific time, place, and manner of communication between the applicant and the child. This may include designated days or hours per week or month, and may specify whether contact takes place at the child’s home or at the applicant’s home.
From the age of 10, the court takes the child’s own opinion into account regarding contact with grandparents or other close relatives.
The court considers the child’s attachment to the applicant, the child’s ability to spend time away from parents or guardians, and the child’s psychological state. Where it is in the child’s interests, the court may provide that contact takes place in the presence of one or both parents or guardians.
The court may also permit grandparents or siblings to attend the child’s school events and other activities together with the child, where this serves the child’s interests.
A child may travel abroad with grandparents only with notarised consent from both parents. Both parents must appear before a notary and authorise the grandparent’s travel with the child. The consent specifies the trip parameters and may be valid for a defined period or until the child turns 18.
The notary fee for this procedure is 0.5 base units. Parents must present their passports and the child’s birth certificate at the notary appointment.
When crossing the Belarusian border with a child, grandparents must present: their own passports, the child’s passport or birth certificate, and notarised consent from both parents authorising the child’s travel abroad.
If consent from one parent cannot be obtained — for example, because that parent is deceased — the grandparent must present documentary evidence explaining why the consent is not available. In the case of the death of one parent, an original or notarised copy of the death certificate must be presented to border officers.
Yes. Belarusian family law explicitly recognizes the right of grandparents, great-grandparents, and siblings to communicate with their grandchildren, great-grandchildren, and brothers or sisters respectively. When parents, guardians, or trustees prevent or obstruct such communication, the affected relatives may apply to court to have the order of participation in the child’s upbringing formally established and the obstacles removed. The law treats this right as a matter of the child’s interests, not merely the adult’s personal wish.
The applicant must demonstrate two things: first, that the parents or guardians are actively interfering with communication; and second, that contact with the grandparent serves the child’s interests and does not negatively affect the child, taking into account the adult’s personality and circumstances. The court also requires a conclusion from the guardianship authority covering the grandparent’s living conditions, the child’s ability to travel to the grandparent’s location (for example, without missing school), and an assessment of which times are most suitable for the child to spend with the relative.
The court sets out the concrete terms of communication — specific days of the week or month, hours, and location. Contact may take place at the child’s home with the parent present, or at the grandparent’s home, depending on what the court considers to be in the child’s best interests. The court may also allow the grandparent or sibling to attend children’s events together with the child. Key factors include the child’s emotional attachment to the relative, the child’s psychological state, and the child’s capacity to spend time away from their parents or guardians.
Once a child reaches the age of 10, the court is obligated to hear and take into account the child’s opinion regarding communication with their grandparents, great-grandparents, or siblings. The child’s expressed preferences do not automatically determine the outcome, but they are a material consideration alongside other factors such as the child’s attachment to the adult and the overall assessment of the child’s wellbeing.
A grandparent may travel abroad with a grandchild only with notarized consent from both parents. Both parents must appear before a notary in person and authorize the trip. The consent document specifies that both parents agree to the travel and can be issued for a defined period or until the child reaches the age of 18. The notary fee is 0.5 basic units. When crossing the Belarusian border, the grandparent must present their own passport, the child’s passport, and the notarized parental consent. If one parent cannot provide consent — for example, because they are deceased — the grandparent must carry documentation explaining the absence of that consent, such as a death certificate in original or notarized copy form.
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