When a child is taken to another country without the consent of the other parent — or retained abroad after an agreed visit — the situation is urgent and requires immediate action. The Hague Convention on the Civil Aspects of International Child Abduction provides a legal framework for the child’s prompt return. Belarus has been a party to this Convention since 1 April 1998.
What is international child abduction?
International child abduction occurs when a parent or other person removes a child from the country of their habitual residence to another country, or retains the child in a foreign country after an agreed visit, in violation of the custodial rights of the other parent. This situation arises most commonly in international marriages where the parents are citizens of different states.
The Convention applies where three conditions are met:
- the child had not yet reached the age of 16 at the time of the removal or retention;
- the child was habitually resident in a state party to the Convention and was removed to or retained in another state party to the Convention;
- the rights of custody of the left-behind parent were actually being exercised — or would have been exercised but for the abduction.
Custody rights for the purposes of the Convention include the right to determine the child’s place of residence.
Countries party to the Convention
The Hague Convention on Child Abduction currently binds over 100 states, including most of Europe (Germany, France, the United Kingdom, Poland, Lithuania, Latvia, the Czech Republic, Austria, Switzerland, Sweden and many others), the United States, Canada, Australia, Brazil, Argentina, Israel, Japan, Armenia and a growing number of other countries. The current full list of contracting states is maintained by the Hague Conference on Private International Law at hcch.net.
The Central Authority in Belarus
In Belarus, the functions of the Central Authority under the Convention are performed by the Ministry of Justice of the Republic of Belarus — specifically the Department for the Execution of International Treaties within the International Cooperation Division.
Contact: Ministry of Justice of the Republic of Belarus, ul. Kollektornaya 10, Minsk; tel: +375 17 200 55 38.
What the Central Authority does
After receiving an application, the Ministry of Justice contacts the relevant Central Authority of the foreign state where the child is located. That authority then initiates steps to locate the child and secure their return. The Central Authority is also obliged to take measures to protect the child from harm and to prevent further violations of the left-behind parent’s rights.
The Central Authority may also propose mediation — a voluntary process through which the parents attempt to reach an agreed solution. If mediation is agreed, the mediator helps the parties reach a decision that satisfies both. This is sometimes faster than judicial proceedings, particularly where the parents’ main dispute is about the terms of the child’s return rather than whether the child should return at all.
Where necessary, the Central Authority may initiate judicial or administrative proceedings in the foreign state for the child’s return, and may involve local law enforcement if the child’s whereabouts are unknown.
How to apply
To initiate the return procedure, a parent or other person with custody rights must submit an application for the return of the child to the Ministry of Justice of Belarus.
The application must be submitted in the original and accompanied by a translation into the language of the requested state. The following documents should be attached:
- child’s birth certificate;
- divorce certificate of the parents (if applicable);
- court decision on the child’s place of residence (if one exists);
- any other documents relevant to the case — photographs, correspondence, evidence of habitual residence.
The application forms and guidance notes are available on the Ministry of Justice website at minjust.gov.by. There is no charge for submitting an application through the Central Authority.
Act immediately — time is critical
The application should be submitted as soon as possible after the removal or retention becomes known. The Convention’s return mechanism is most effective when initiated promptly.
If the child has been in the foreign country for less than one year at the time the application is made, the court in the foreign state is required to order the child’s return promptly — subject only to the limited exceptions set out in the Convention.
If more than one year has passed since the removal, the child may be considered to have settled in the new environment. In that case, while return is still possible, the court has greater discretion to refuse it on the grounds that the child has become integrated in the foreign country. This makes early action essential.
Exceptions to return
The Convention allows a court to refuse to return a child in limited circumstances: where return would expose the child to a grave risk of physical or psychological harm; where the child objects to return and has reached an age and level of maturity at which their views should be taken into account; or where return would be contrary to fundamental principles of the requested state regarding the protection of human rights. These exceptions are interpreted narrowly — the Convention’s default position strongly favours return.
Preventing abduction: travel ban
The best protection against international child abduction is prevention. A parent who is concerned that the other parent may attempt to remove the child from Belarus without consent may apply to court for a ban on the child’s departure from Belarus. If granted, the ban is entered into the national database and border service officers will not permit the child to cross the border until the ban is lifted by a further court order.
For more detail on travel restrictions and consent requirements see our page on the child’s departure from Belarus.
Frequently asked questions
My child was taken to a country that is not a party to the Hague Convention. What can I do? The Convention procedure is not available. However, other options may exist — including direct proceedings in the courts of the country where the child is located, diplomatic channels, or bilateral agreements between Belarus and that country. Contact us for advice specific to the country involved.
The other parent took our child during an agreed holiday visit and refuses to return them. Does the Convention apply?
Yes — wrongful retention after an agreed visit is treated in the same way as wrongful removal under the Convention, provided the other conditions are met.
How long does the return procedure take?
The Convention encourages contracting states to act within six weeks. In practice, timelines vary considerably depending on the country involved, whether the child’s location is known, and whether the case proceeds voluntarily or through litigation. Acting quickly significantly improves the prospects of a swift outcome.
What if the abducting parent claims the child would be at risk if returned?
The “grave risk” exception is interpreted very narrowly by courts in Convention countries. A general preference to remain in the new country, better living conditions abroad, or the child having settled into a new school are not sufficient. The exception is reserved for cases of serious, demonstrable danger.
Can I contact the Belarusian Ministry of Justice directly?
Yes. The Ministry of Justice acts as the Central Authority and accepts applications directly. We can prepare the full application package on your behalf and liaise with the Ministry to ensure the application is correctly submitted and followed up.
From our practice
Child taken to Germany — return secured within three months. A father contacted us after his former wife took their seven-year-old daughter to Germany without his consent following a dispute about the child’s schooling. We prepared the full application to the Ministry of Justice of Belarus, which transmitted it to the German Central Authority. The German authority located the child and initiated return proceedings. The mother contested return on welfare grounds; the German court rejected her application and ordered return. The child was back in Belarus within three months of the initial application.
Preventing abduction — travel ban obtained before planned removal. A mother came to us with credible evidence that her former husband was planning to take their son to his home country in the Middle East during an upcoming contact visit, with no intention of returning him. We filed an urgent application to the court for a travel ban. The ban was granted and entered into the database within 48 hours. When the father arrived at the airport with the child, border officers prevented the departure. The subsequent custody proceedings were conducted in Belarus.
Child retained in the UK — application filed after eleven months. A mother whose son had been retained in the UK by his father contacted us eleven months after the retention. We advised that while the one-year threshold was approaching, an application filed before the year elapsed still carried the mandatory return presumption. We submitted the application to the Ministry of Justice immediately. The UK court ordered return, noting that the application had been made before the one-year period expired and that the child had not yet fully settled.
How we can help
Our advocates have extensive experience in international child abduction cases in Belarus, both representing left-behind parents seeking the return of children and advising on prevention measures. We act urgently in abduction cases given the critical importance of timing. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
