The protection of children is one of the fundamental priorities of the Belarusian state. Children’s rights are guaranteed by the Constitution of the Republic of Belarus, the UN Convention on the Rights of the Child (ratified by Belarus on 31 October 1990), and the Law of the Republic of Belarus “On the Rights of the Child” of 19 November 1993, which defines the legal status of a child and sets out the obligations of state bodies, organisations and individuals to protect children.
Below you can find articles on children and children rights in Belarus:
- Department of children outside Belarus
- Determination of child’s place of residence
- Children’s agreement in Belarus
- Adoption in Belarus
- Child maintenance in Belarus
Who is a child under Belarusian law?
A person is recognised as a child until they reach the age of 18. All persons have equal legal capacity from birth to death, regardless of age, social status or health. However, children’s ability to exercise certain rights is temporarily limited by their level of psychophysical development, and their responsibilities are also limited by age.
A minor may acquire full legal capacity before the age of 18 in two circumstances: emancipation — where a minor aged 16 or over is working under an employment contract or engaged in entrepreneurial activity with parental consent — or marriage, which Belarusian law permits in exceptional circumstances such as pregnancy or childbirth.
Rights of children at different ages
From birth, a child has the right to life, a name, citizenship, protection and promotion of health, personal integrity, protection from exploitation and violence, freedom of opinion and expression, and the right to determine their attitude to religion.
From age 10, a child has the right to express a preference as to which parent they wish to live with, if that question arises — for example, in divorce or custody proceedings. Courts in Belarus take the child’s expressed preference into account when determining residence arrangements.
From age 14, a child acquires significantly expanded rights: to obtain a passport; to apply independently to a court for the protection of their rights and legally protected interests; to work in their free time with parental consent; to enter into certain transactions; to manage their own earnings and other income independently; and to deposit money in banks. Corresponding responsibilities attach at this age, including property liability for transactions and disciplinary responsibility in the educational process. Criminal liability also begins at 14 for a defined list of serious offences including intentional grievous bodily harm, theft, robbery, vehicle theft, wilful destruction of property and illicit drug trafficking.
From age 15, marriage is permitted where good reasons exist.
From age 16, a child may engage in entrepreneurial activity with parental consent, drive a moped and learn to drive. Full administrative and criminal liability for all offences attaches from this age.
Protection of children’s rights in Belarus
In Belarus, the protection of children’s rights is carried out by guardianship and trusteeship bodies, as well as a number of state bodies required to participate in protecting the rights and legitimate interests of minors: juvenile commissions, the prosecutor’s office, and the courts.
The Presidential Administration of Belarus has established the children’s legal website mir.pravo.by, where children can access information about their legal rights and interests in an accessible format.
Children’s rights in family law proceedings
In the context of divorce and family disputes, children’s rights are directly at stake in a number of proceedings that we regularly handle.
Determination of residence. When parents divorce, the court determines which parent the child will live with, taking into account the child’s attachment to each parent, the personal qualities and lifestyle of each parent, their level of income and degree of employment, and the child’s own expressed preference if they have reached the age of 10.
Child maintenance (alimony). Both parents have an obligation to maintain their children regardless of whether they are married or divorced. If a parent fails to pay maintenance voluntarily, it may be recovered through court proceedings — including from a parent living abroad through international enforcement mechanisms.
Children’s Agreement. Parents may resolve all matters relating to children — residence, contact arrangements, maintenance — by concluding a Children’s Agreement certified by a notary. Both parents must appear in person; representation by power of attorney is not permitted. If the Agreement does not conflict with the child’s interests, the court will be guided by it.
Deprivation and restriction of parental rights. In serious cases where a parent’s behaviour endangers the child’s welfare, the court may restrict or deprive that parent of parental rights.
International child abduction. Where a child has been taken abroad without the consent of the other parent, the Hague Convention on the Civil Aspects of International Child Abduction (1980) — to which Belarus acceded on 1 September 1998 — provides a mechanism for the child’s prompt return. The Central Authority in Belarus is the Ministry of Justice. Time is critical in these cases.
Establishing and contesting paternity. Where the legal parentage of a child is in dispute, proceedings may be brought to establish or contest paternity or maternity.
Child’s departure from Belarus. A child travelling outside Belarus without both parents requires the notarised consent of the absent parent — this applies equally to divorced parents.
Frequently asked questions
At what age does a child’s opinion matter in custody proceedings in Belarus? From age 10, the court must take the child’s expressed preference into account when determining which parent they will live with. Below that age the court considers the child’s attachment and best interests without a formal preference hearing.
Can a parent be prevented from seeing their child after divorce? The non-resident parent retains the right to contact with the child. If the resident parent is obstructing contact, the court may determine a specific contact schedule. Persistent obstruction may be grounds for a change of residence arrangement.
What happens if the other parent takes our child abroad without my consent? This may constitute international child abduction under the Hague Convention. You should contact us immediately — the Convention’s return procedures are most effective when initiated promptly.
Does my child need both parents’ consent to travel abroad? Yes. A child travelling outside Belarus without both parents requires the written consent of the absent parent, certified by a notary. This applies regardless of whether the parents are married, separated or divorced.
Can a child apply to court independently? Yes, from age 14. A child aged 14 or over may independently apply to a court for the protection of their legally protected rights and interests.
From our practice
Residence determination — father seeking custody of two children. A father came to us following a divorce in which the court had awarded residence of both children to the mother. Eighteen months later, the mother relocated to another city without informing him and significantly reduced his contact with the children. We filed a claim for review of the residence arrangement, supported by evidence of the children’s deteriorating school performance, the older child’s expressed preference to live with the father, and the mother’s obstruction of contact. The court transferred residence of the older child to the father and established a detailed contact schedule for the younger. Duration: five months.
Children’s Agreement — international couple, child remaining in Belarus. Following the divorce of a Belarusian mother and a German father, both parents wished to formalise arrangements for their eight-year-old daughter without court proceedings. We drafted a Children’s Agreement covering residence with the mother in Minsk, the father’s regular contact during school holidays, maintenance amounts and the procedure for the child’s travel to Germany. The agreement was notarised and presented to the court, which accepted it without amendment.
How we can help
Our advocates have over 10 years of experience in matters relating to children’s rights in Belarus, including international cases. We advise in English and Russian and can assist remotely.
We assist with determination of child residence and contact arrangements, child maintenance claims including cross-border enforcement, Children’s Agreements, international child abduction proceedings, establishing and contesting paternity, and deprivation or restriction of parental rights.
📧 [email protected] 📞 +375 29 142 27 19
