Children (persons under the age of 18) have the right to cross the border of the Republic of Belarus accompanied by one of their legal representatives, either independently or accompanied by third parties with the consent of both legal representatives certified by a notary.
When a minor crosses the border, the border control body requests his passport. Thus, the departure of a minor without an identity document (passport) is prohibited by law.
Thus, in the case of minors traveling abroad accompanied by relatives (grandparents, sister, brother), as well as other persons, the consent of both parents is required.
If it is necessary to certify consent to the departure of the child, the parent must contact a notary office or a notary office. At the same time, in order to perform a notarial act (certification of consent), the personal presence of a parent with a passport and a child's birth certificate is required. A notary can certify such consent even without providing a child's birth certificate if the parent's passport contains a stamp about the child.
Certification of consent for a child to travel abroad from a notary requires the payment of a notary tariff in the amount of 0.5 base unit (as of November 2021, this amount is 14 Belarusian rubles 50 kopecks).
It should be borne in mind that not only a notary has the right to certify consent for the departure of a minor: it can also be obtained from the department of citizenship and migration.
When a child travels abroad with one of the parents, the consent of the other parent is not required. In this case, it is enough to provide the child's passport and a document confirming the status of the legal representative, in this case, the parent.
The mother, in exceptional cases, can also provide the border guard officer with a copy of the father's death certificate, a copy of the court decision on recognizing the father as incompetent, and a copy of the court decision on depriving the father of parental rights.
If the mother travels abroad with the child, then, as a general rule, the father's written consent for the child's departure is not required. The mother must provide the border control officer with her passport with a stamp about the child, the child's birth certificate or other supporting documents.
At the same time, if the father does not agree to the child's departure from the Republic of Belarus with the mother, he has the right to apply to the court with a claim to impose a ban on the child's departure.
According to the law, a power of attorney is a written authorization of another person to perform legally significant actions on behalf of and in the interests of another person (principal). A power of attorney may be issued for the representation of the principal in court, in other state bodies, for the execution of transactions for the disposal of property, for the performance of other actions.
The legislation, however, makes it clear that parental rights in relation to children cannot be transferred by power of attorney. Parental rights are personal non-property rights that are not transferable by power of attorney. In case of leaving the Republic of Belarus without being accompanied by legal representatives, not a power of attorney from a parent is drawn up, but consent (permission). This document will be a document transferring to a third party the authority to accompany a minor when leaving the country.
At the same time, the possibility of issuing a power of attorney to represent the interests of a minor depends on the volume and nature of the rights and powers that are granted. Protection of the rights and legitimate interests of children is the prerogative of the parents; such powers cannot be transferred to third parties by power of attorney.
A ban may be imposed on the departure of a child outside the Republic of Belarus. Such a prohibition can be imposed by the court upon request of one of the parents.
So, if the court satisfies the claim of the father or mother to ban the child from leaving the country, then such a court decision must be included in the database on travel bans. Consequently, the exit will be temporarily prohibited and the border service will not allow the child to cross the border.
When a child (a person under the age of 18) leaves the Republic of Belarus with one of the parents, the border control body requests the child's passport, as well as one of the following documents:
- passport of the accompanying mother or father, where the child is entered (stamp of the civil registry office about the child);
- birth certificate of the child;
- document on the transfer of the child to a foster family;
- a decision on the establishment of guardianship, custody of the child.
Our lawyers have extensive experience in representing the interests of our clients on issues related to the departure of children from the country. Our lawyers are ready to provide you with the following legal assistance in matters of children leaving the country:
- oral and written advice on the departure of a child from outside the Republic of Belarus;
- representation and protection of interests in courts on issues of a child's departure from outside the Republic of Belarus.
If you have questions related to the departure of a child from Belarus, and you need help or advice from a lawyer, please contact our lawyers by e-mail: email@example.com or by phone: +375293664477.