When parents live separately — whether due to divorce or otherwise — the question of which parent the child will live with must be resolved. Belarusian law provides for two routes: a voluntary agreement between the parents or, if they cannot agree, a court determination.
Voluntary agreement between parents
Under Art. 74 of the KoBS, the child’s place of residence when parents live separately is determined by mutual agreement. Parents may agree that the child lives with the mother, the father, or arrange a shared arrangement. The address of the parent with whom the child actually lives becomes the child’s official place of residence.
The most effective way to formalise a voluntary agreement is through a Children’s Agreement certified by a notary. This agreement may cover the child’s place of residence, the contact schedule for the other parent, maintenance arrangements and other matters relating to the child’s upbringing. Both parents must appear before the notary in person — representation by power of attorney is not permitted. If the agreement is presented to the court and does not conflict with the child’s interests, the court will be guided by it.
Court procedure
If the parents cannot reach agreement, either parent may file a statement of claim with the court. The claim is filed at the place of residence of the respondent (the other parent).
State fee: the claim for determination of a child’s place of residence is a non-property claim. The state fee is 3 base units — 135 BYN (base unit from 1 January 2026: 45 BYN, Tax Code of the Republic of Belarus, Appendix 13).
Criteria the court applies
When determining where the child will live, the court is guided exclusively by the child’s best interests. The factors taken into account include:
- the degree of care and attention shown by each parent to the child;
- the child’s attachment to each parent;
- the personal qualities and lifestyle of each parent;
- the material circumstances of each parent — income level and employment;
- the ability of each parent to provide proper living conditions, upbringing and education;
- the age of the child and their relationship with siblings and other family members.
Child’s opinion. If the child has reached the age of 10, the court is obliged to take their expressed preference into account — unless doing so would conflict with the child’s interests. The child’s opinion is established by the guardianship and trusteeship authority, not directly by the court.
The role of the guardianship and trusteeship authority
The guardianship and trusteeship authority plays a mandatory and significant role in all child residence cases. The court cannot schedule a hearing until it has received the authority’s conclusions on the case. If the conclusions are not submitted with the statement of claim, the court orders the authority to carry out an inspection before the hearing proceeds.
The authority inspects the living conditions of the child and each parent seeking custody, assessing: whether the child has a sleeping area and a place to study; the cleanliness and organisation of the home; and the overall social and domestic environment. The authority also establishes the child’s opinion if they are aged 10 or over. Its written conclusions are submitted to the court and carry significant weight in the decision.
Decisions made by courts without properly taking into account the guardianship authority’s conclusions may be overturned and remitted for a new hearing.
What a court order on residence means in practice
A court order determining that the child will live with one parent does not deprive the other parent of parental rights. Both parents retain their parental rights — the order simply establishes where the child lives. The court typically also determines the contact schedule for the non-resident parent, specifying the days and times when that parent may see the child.
If the resident parent subsequently obstructs the non-resident parent’s contact with the child in violation of the court order, enforcement proceedings may be initiated.
Changing the place of residence after a court order
A court order on residence is not necessarily permanent. If circumstances change significantly — for example, the resident parent relocates, their living conditions deteriorate, or the child’s expressed preference changes as they grow older — either parent may apply to court to vary the residence arrangement.
Frequently asked questions
Do courts in Belarus typically favour the mother over the father?
No. Belarusian law does not create a presumption in favour of either parent. The court assesses each case on its specific facts. In practice, very young children are more often placed with the mother, but older children are increasingly placed with fathers where the evidence supports it.
What if the other parent takes the child and refuses to return them before the court decides?
This is a serious situation. If the child’s safety or wellbeing is at risk, urgent measures may be sought. We can advise on the available procedural options, including enforcement applications and, where a foreign country is involved, Hague Convention procedures.
Can the child’s preference override what the court thinks is best?
The child’s preference is taken into account from age 10, but it is not determinative. The court weighs it alongside all other factors. If the child’s expressed preference appears to conflict with their genuine interests — for example, because they have been influenced by one parent — the court may not follow it.
If we agree now, can the arrangement be changed later?
Yes. Both a voluntary agreement and a court order may be varied if circumstances change materially. A new agreement may be notarised, or a new claim filed with the court.
Can I enforce the contact schedule if the resident parent is obstructing visits?
Yes. A court order on contact is enforceable. If the resident parent is systematically preventing contact, enforcement proceedings may be initiated. Persistent obstruction may also be grounds for a review of the residence arrangement itself.
From our practice
Father seeking residence of two children — relocation by mother. A father contacted us after his former wife moved to another city with their two children without informing him, significantly obstructing his contact. The older child, aged eleven, had expressed a preference to live with the father at a meeting with the guardianship authority. We filed a claim for review of the residence arrangement, supported by evidence of the mother’s unilateral relocation, the older child’s clearly expressed preference and deteriorating school performance. The court transferred residence of the older child to the father and established a detailed contact schedule for the younger. Duration: five months.
Voluntary agreement formalised as Children’s Agreement. A separating couple agreed between themselves that their daughter would live with the mother and that the father would have unsupervised contact every other weekend and during school holidays. Rather than leaving this as an informal arrangement, we drafted a detailed Children’s Agreement covering all aspects of residence, contact, holidays and maintenance. After notarisation, the agreement was presented to the divorce court, which accepted it in full. The process was completed without any contested proceedings.
How we can help
Our advocates have over 10 years of experience in child residence cases in Belarus, including cases involving foreign nationals and cross-border elements. We advise in English and Russian and can assist remotely.
We provide oral and written consultations, preparation of Children’s Agreements, full representation in court proceedings on child residence and contact, and assistance with enforcement and variation applications.
📧 [email protected] 📞 +375 29 142 27 19
