A Children’s Agreement is a notarised document in which the parents of a child — whether married, divorced or never married — agree on all matters relating to the child’s residence, upbringing, maintenance, contact arrangements and travel. It is one of the most practical and flexible instruments available in Belarusian family law, and we strongly recommend it to any parents who are separating and wish to avoid contested court proceedings.
Who can conclude a Children’s Agreement?
Following amendments to the Code of the Republic of Belarus on Marriage and the Family (KoBS), a Children’s Agreement may be concluded not only by persons who were officially married, but also by a man and a woman who have common children without having formalised their relationship. The key requirement is that both persons are the legal parents of the child.
A Children’s Agreement is typically concluded where issues relating to children have not been resolved by the court or are not governed by a prenuptial agreement. It may be concluded after a divorce, during separation, or at any other time when the parents wish to formalise their arrangements.
What a Children’s Agreement can cover
The agreement may address any matters relating to the child’s life and upbringing, including:
- which parent the child will live with after separation;
- the contact schedule — specific days of the week, times, duration and location of meetings between the child and the non-resident parent;
- the procedure for the child’s travel abroad;
- the form and methods of each parent’s participation in the child’s education and upbringing;
- the child’s attendance at specific educational activities — after-school clubs, sports sections, language courses and similar;
- the procedure for paying child maintenance, if one parent is obliged to pay;
- any other matters the parents consider important.
The more specific the agreement, the more effective it is in practice. Parents may specify exact days and times for contact, name the clubs or classes the child will attend, and include detailed arrangements for holidays and special occasions.
Form and notarisation
A Children’s Agreement must be made in writing and certified by a notary. Both parents must appear before the notary in person — representation by power of attorney is not permitted. The following documents are typically required: passports of both parents; birth certificates of the children; certificates from the clinic, kindergarten or school as relevant; a personal account document for the living premises; and a receipt confirming payment of the notary fee. Additional documents may be required depending on the content of the agreement.
The notary fee is paid in advance and may be paid at any bank branch, post office or through the ERIP internet banking system.
Legal effect and enforcement
From the moment the agreement is certified by the notary — signed by both parties and bearing the notary’s attestation, signature and seal — it becomes a legally binding civil contract. Both parents are obliged to comply with all of its terms. Failure to comply carries legal consequences.
Enforcement options if one parent fails to comply:
If one parent deliberately fails to observe the terms of the agreement, the other parent has two options. First, they may apply to the notary for a writ of execution — the notary issues an enforcement document to recover amounts owed by the non-compliant parent. Second, they may file an application with the court in order proceedings, attaching the signed and notarised agreement. Both routes are straightforward and do not require new litigation on the substance of the dispute.
Termination of a Children’s Agreement
If circumstances change — the parents reconcile, begin living together again, or reach new arrangements regarding the child — the existing agreement may be terminated. Termination follows the same procedure as conclusion: both parents must appear before a notary in person with their documents and pay the notary fee. From the moment of termination, all rights and obligations under the agreement cease to have effect.
Children’s Agreement and court proceedings
If a Children’s Agreement exists and is presented to the court in divorce or custody proceedings, the court will be guided by its terms — provided the agreement does not conflict with the child’s interests. This significantly simplifies and expedites court proceedings, as the court does not need to determine child-related matters independently.
Frequently asked questions
Do we need to go to court if we have a Children’s Agreement? Not necessarily. If the agreement covers all the matters the court would otherwise need to decide — residence, contact, maintenance — and is presented to the court at the time of divorce, the court will typically accept it without further inquiry, provided it does not harm the child’s interests.
Can the agreement be changed after it is signed? Yes. A new agreement may be concluded at any time by the same procedure — both parents appear before a notary and a new agreement is certified. The previous agreement is either terminated or superseded.
What if the other parent refuses to sign? If one parent refuses to conclude an agreement voluntarily, the matters it would have covered must be resolved by court proceedings instead. We can represent you in those proceedings.
Can a Children’s Agreement include arrangements for a child to travel abroad regularly?Yes — and this is particularly valuable for families with one parent living outside Belarus. Including specific travel arrangements in the agreement avoids the need for the absent parent to give separate notarised consent for each trip.
Does the agreement need to be translated if one parent is a foreign national? The agreement is concluded in Russian or Belarusian. If one parent does not speak either language, an interpreter should be arranged for the notarial appointment. We can assist with this for our international clients.
From our practice
Children’s Agreement for an international couple — father in Germany. Following a divorce, a Belarusian mother and a German father needed to formalise arrangements for their nine-year-old son. The father was based in Germany and could not attend a notary in Belarus in person. We coordinated a visit to Belarus timed to coincide with the father’s planned trip, prepared all documents in advance and arranged an interpreter for the notarial appointment. The agreement covered the son’s residence with the mother in Minsk, the father’s contact during school holidays including specific travel arrangements to Germany, and maintenance amounts. It was presented to the divorce court, which accepted it without amendment.
Enforcement of a Children’s Agreement — father refusing contact. A father contacted us after the mother began systematically refusing his contact visits in breach of their notarised Children’s Agreement. We applied to the notary for a writ of execution, which was issued without the need for court proceedings. The mother subsequently complied. When a further breach occurred several months later, we filed an application in order proceedings with the court, and a court order was issued compelling compliance. The process took under three weeks from instruction to order.
How we can help
Our advocates have extensive experience in drafting, concluding and enforcing Children’s Agreements in Belarus, including cases involving foreign nationals. We advise in English and Russian and can assist remotely.
We provide consultations on the content and structure of the agreement, full preparation and notarisation support, representation in court proceedings where the agreement is contested or a parent refuses to comply, and advice on modification and termination.
📧 [email protected] 📞 +375 29 142 27 19
