The rules governing a child’s departure from Belarus are set out in the Law of the Republic of Belarus of 20 September 2009 No. 49-Z “On the Procedure for the Departure from and Entry into the Republic of Belarus of Citizens of the Republic of Belarus.” This page covers the rules for each scenario — travelling with both parents, with one parent, or unaccompanied — and explains how a court-imposed restriction on departure works.
Travelling with both legal representatives
When a child travels abroad accompanied by both parents (or other legal representatives), the accompanying adults present to the border service officer documents confirming their status as legal representatives of the minor. These include a passport containing a note about the child, the child’s birth certificate, a certificate of adoption, or a copy of the guardianship authority’s decision appointing a guardian or trustee.
Travelling with one legal representative
When a child travels abroad accompanied by only one parent, the consent of the other parent is not required by the border service. The accompanying parent presents a document confirming their legal representative status. No additional documentation from the absent parent is needed.
However, if the other parent objects to the child travelling abroad, they have the right to apply to court for a determination of a different departure procedure — effectively a restriction on the child’s departure. If the court grants the application, the restriction is entered into the national database of citizens whose right to leave Belarus is temporarily limited. Once entered, border service officers will not permit the child to cross the border.
To check whether any restriction has been imposed on a child’s departure, either parent may contact the citizenship and migration unit at the place of registration. The response is provided free of charge on the day of the request or the following day.
Travelling unaccompanied by legal representatives
When a child travels abroad without either parent, the written notarised consent of both legal representatives is required. Exceptions apply in the following cases:
- minors travelling abroad for rehabilitation as part of organised groups, accompanied by authorised organisations with permission from the Department for Humanitarian Affairs of the Office of the President of the Republic of Belarus confirming the humanitarian nature of the trip;
- minors from areas of radioactive contamination travelling for rehabilitation or sanatorium treatment in Belarusian sanatorium organisations located outside Belarus, as part of organised groups;
- minors travelling to receive medical care under a decision of the Ministry of Health of the Republic of Belarus commission.
When consent of only one parent is sufficient
A minor may leave Belarus with the written consent of one legal representative — without the other’s consent — if any of the following documents is available:
- copy of a court decision permitting departure without the other legal representative’s consent;
- copy of a court decision declaring the other legal representative legally incapacitated;
- copy of a court decision depriving the other legal representative of parental rights;
- certificate from the body conducting criminal proceedings confirming the other legal representative is being searched for;
- prenuptial agreement or Children’s Agreement providing for departure without the other legal representative’s consent, or a copy thereof;
- death certificate of the other legal representative, or a copy thereof;
- copy of a court decision declaring the other legal representative dead;
- copy of a court decision declaring the other legal representative missing;
- certificate from the civil registry authority confirming that the record of the child’s father was made on the basis of an application from an unmarried mother under Art. 55 KoBS, or a copy thereof;
- equivalent documents issued by the competent authorities of foreign states.
Certification of consent and documents
The written consent of a legal representative, as well as copies of other documents required for the child’s departure, must be certified by a notary, another official authorised to perform notarial acts, or an officer of the citizenship and migration department of the internal affairs body at the place of residence of the legal representative or the child.
Documents issued by the competent authorities of foreign states are accepted if apostilled or consularly legalised, unless an international treaty provides otherwise. Documents in a foreign language must be accompanied by a translation into Belarusian or Russian. The accuracy of the translation or the authenticity of the translator’s signature must be certified by a notary or another authorised official.
Court procedure for imposing or lifting a departure restriction
Either parent may apply to court to impose a restriction on a child’s departure from Belarus or, conversely, to have an existing restriction lifted or varied. When the court considers such a case, both parents are typically notified and present.
The court proceeds from the child’s best interests. A restriction will generally be granted where there is a genuine risk that the child will not be returned to Belarus, that the child’s welfare will be compromised abroad, or that the departure is intended to circumvent ongoing custody or maintenance proceedings. Conversely, a restriction may be lifted where it is being used tactically by one parent to obstruct the other without substantive justification.
Frequently asked questions
Can my former spouse take our child abroad without my consent?
Yes — if they are travelling as the accompanying parent. Belarusian law does not require the consent of the other parent when the child travels with one parent. If you wish to prevent this, you must apply to court for a travel restriction before the departure.
How quickly can a travel restriction be imposed?
Applications for travel restrictions are heard by the court in the standard civil proceedings timeline. If the situation is urgent, it is important to act immediately. Contact us as soon as possible if you believe a child is at risk of being taken abroad without your consent.
My former spouse has a court-ordered travel restriction on our child but refuses to consent to a holiday trip. What can I do?
If an existing restriction is being applied unreasonably, you may apply to court to have it varied or lifted, or to seek a specific court order permitting a defined trip. We can advise on the most appropriate approach.
The other parent is abroad. Can they give consent remotely?
Yes — the consent may be certified by a Belarusian consular officer at the embassy or consulate in the country where the other parent is located. The certified consent is then used in Belarus without further legalisation.
Does a Children’s Agreement allow us to avoid repeated consent requests?
Yes. A prenuptial agreement or Children’s Agreement that explicitly provides for the child’s departure without the other parent’s consent removes the need for a separate consent each time. This is worth including if one parent travels frequently with the child.
From our practice
Travel restriction imposed — father preventing child from relocating abroad. A mother contacted us after her former husband applied for a travel restriction to prevent her from taking their daughter to Germany, where the mother had accepted a job offer. The father argued the move would deprive him of meaningful contact. We represented the mother at the hearing, presenting a detailed proposed contact schedule including school holiday visits and video calls, and evidence of the daughter’s school enrolment arrangements in Germany. The court refused the restriction and permitted the relocation on the basis of the agreed contact plan.
Departure without father’s consent — father record based on unmarried mother’s application. A mother needed to travel abroad with her child but was unable to obtain the father’s consent as he was uncontactable and his paternity record had been made on the basis of the mother’s application under Art. 55 KoBS. We obtained the relevant certificate from the civil registry authority confirming this, which enabled the child to travel without the father’s consent under the statutory exception.
How we can help
Our advocates have extensive experience in matters relating to children’s departure from Belarus, including court applications for travel restrictions and proceedings to lift or vary existing restrictions. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
