In whatever order the minor is leaving the Republic of Belarus, he must have a passport. The specific procedure for the departure of minor citizens outside the Republic of Belarus is determined in accordance with the Law of the Republic of Belarus of September 20, 2009 N 49-З “On the Procedure for the Departure of the Republic of Belarus and the Entry into the Republic of Belarus of Citizens of the Republic of Belarus”.
If the child leaves accompanied by both legal representatives
Parents (adoptive parents, guardians and trustees) present to the officer of the border service or customs official documents confirming the status of legal representatives of the minor, such documents are:
passport containing a note about children;
birth certificate of a child;
certificate of adoption;
a copy of the decision of the guardianship authority regarding the establishment of guardianship or trusteeship over a minor and the appointment of a citizen as a guardian or trustee of a minor, etc.
If the child leaves with one of the legal representatives
The person accompanying the child presents a document confirming the status of the legal representative of the minor. In this case, the consent of another legal representative is not required. If the second parent is against the child’s departure abroad, he can apply to the court with a statement on the determination of a different order of departure. Information about the new procedure for the child’s departure (in case of restriction) is entered into the data bank on citizens whose right to leave the Republic of Belarus is temporarily limited. When the court considers the case on the determination of a different exit procedure, both parents are usually notified and present, as a rule, both parents. To clarify the restrictions on the child’s departure, you can contact the citizenship and migration unit at the place of registration with the appropriate request. The answer is given free of charge on the day of the appeal or the next day.
A minor leaves unaccompanied by legal representatives
In this case, the written consent of both legal representatives is required, with the exception of the following cases:
– minors travel abroad for rehabilitation as part of general or special organized groups of children (a list of children leaving and accompanying persons is presented, certified by an organization authorized to carry out activities related to the rehabilitation of children abroad, with permission from the Department for Humanitarian Affairs of the Office of the President of the Republic Belarus confirming the humanitarian nature of the trip);
– minors live or study in educational institutions on the territory of radioactive contamination in the zone of subsequent resettlement, the zone with the right to resettlement and the zone of residence with periodic radiation monitoring as part of organized groups of children for rehabilitation and sanatorium-resort treatment in the sanatorium organizations of the Republic of Belarus located outside the Republic of Belarus (a list of departing children and their accompanying persons, approved by the head of the institution about mation or control (department) education of the local executive and administrative bodies);
– to receive medical care (the decision of the commission to send citizens of the Republic of Belarus outside the republic to receive medical care at the Ministry of Health of the Republic of Belarus is presented).
A minor may leave the Republic of Belarus with the written consent of one legal representative also in the absence of another legal representative or the impossibility of obtaining his consent if one of the following documents is available:
copies of the court decision on the possibility of the minor leaving the Republic of Belarus without the consent of another legal representative;
copies of the court decision recognizing another legal representative as legally incompetent;
copies of the court decision on the deprivation of another legal representative of parental rights;
certificates on the search for another legal representative issued by the body conducting the criminal process;
A marriage contract or an agreement on children, which provides for the possibility of a minor leaving the Republic of Belarus without the consent of another legal representative, or a copy thereof;
death certificate of another legal representative or a copy thereof;
copies of a court decision declaring another legal representative dead;
copies of the court decision recognizing another legal representative as missing;
a certificate from the civil registration authority stating that a record of the child’s father in the book of birth certificates was made on the basis of an application from an unmarried mother in accordance with article 55 of the Code of the Republic of Belarus on marriage and family, or a copy thereof;
similar documents issued by the competent authorities of foreign states confirming the absence of one of the legal representatives or the impossibility of obtaining his consent to leave the minor from the Republic of Belarus.
Certificate of written consent of the legal representative
The written consent of the legal representative, as well as copies of other documents necessary for the minor to leave the Republic of Belarus, must be certified by a notary public or another official authorized to perform such a notarial act, or by an official of the department of citizenship and migration of the internal affairs body of the Republic of Belarus at the place residence of a legal representative or minor, or by a competent authority or official of a foreign state.
Documents issued by the competent authorities of foreign states are accepted if they are legalized or apostilled, unless otherwise provided by international treaties of the Republic of Belarus. If such documents are drawn up in a foreign language, then they must be accompanied by a translation into one of the state languages of the Republic of Belarus. The fidelity of the translation or the authenticity of the translator’s signature on the translation must be certified by a notary or another official authorized to perform such a notarial act.
Our Law Office has extensive experience in representing our clients on the establishment of a different procedure for traveling outside the Republic of Belarus. Our advocates on the establishment of a different procedure for traveling outside the Republic of Belarus. We are ready to provide you with the following legal assistance:
– verbal and written consultations on the establishment of a different procedure for traveling outside the Republic of Belarus .;
– representation and protection of interests in courts on the establishment of a different procedure for traveling outside the Republic of Belarus.
