When the parent liable to pay child maintenance lives outside Belarus, enforcement becomes significantly more complex. The available routes depend on which country that parent resides in and whether Belarus has a relevant international treaty or convention with that country. This page sets out the framework clearly and explains what to do in each scenario.
The general principle
It is possible to recover maintenance abroad on the basis of a Belarusian court decision only if Belarus and the country where the liable parent lives have concluded an international treaty that allows for the mutual recognition and enforcement of court decisions. The applicable substantive law — the amounts, calculation methods and grounds — is generally the law of the respondent’s state, not Belarusian law, unless the specific treaty provides otherwise.
International conventions binding Belarus
Belarus is a party to two key international instruments on cross-border maintenance:
UN Convention on the Recovery Abroad of Maintenance (New York, 20 June 1956), to which Belarus acceded on 14 December 1996. This Convention establishes a network of transmitting and receiving authorities in each member state. In Belarus, the Ministry of Justice performs the function of the transmitting authority. The Convention covers a wide range of states including many countries in Europe, the Americas and elsewhere.
Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (23 November 2007), ratified by Belarus on 1 June 2018. This is the more modern and comprehensive instrument, currently in force between approximately 40 states. Belarus has entered a reservation limiting its application to maintenance obligations towards children under 18. The 2007 Convention supersedes the 1956 Convention in relations between states that are parties to both.
The key practical advantage of the 2007 Convention is that documents submitted through the Ministry of Justice do not require legalisation — no apostille is needed. The Ministry submits the documents directly to the Central Authority of the relevant state, which then takes the necessary steps for enforcement. The claimant does not need to appear in a foreign court in person.
Applications under both conventions are submitted to the Department for the Execution of International Treaties, International Cooperation Division, Ministry of Justice of the Republic of Belarus. Forms and document requirements are published on the Ministry of Justice website at minjust.gov.by. Applications must be accompanied by a translation into the official language of the receiving state.
Scenario 1: the liable parent is in Russia
Russia and Belarus have a specific bilateral agreement — the Agreement on the Procedure for the Mutual Enforcement of Court Decisions in Maintenance Cases — which provides a simplified and direct enforcement route. Additionally, from 9 January 2026, monetary sums recovered under Belarusian court decisions are transferred directly to accounts in Belarusian banks, following legislative changes in Russia implementing the bilateral framework.
The claimant may file for maintenance at the court at their own place of residence in Belarus or at the place of residence of the respondent in Russia. If a Belarusian court decision already exists, the claimant applies to the Office of Compulsory Enforcement of the Main Directorate of Justice at their place of residence. That office transfers the documents to the competent Russian authority, which initiates enforcement proceedings without the need for a new court hearing in Russia.
Scenario 2: the liable parent is in a country covered by a bilateral treaty
Belarus has bilateral legal assistance treaties with a number of countries including Ukraine, Poland, Lithuania, Latvia, Kazakhstan, Armenia, Kyrgyzstan and others. Under these treaties, a Belarusian court decision on maintenance may be submitted directly to the court of the country where the respondent resides, with a petition for recognition and enforcement. The foreign court recognises and enforces the Belarusian decision without conducting a fresh trial on the merits.
The claimant may also choose to file the initial maintenance claim directly in the court of the country where the respondent resides, rather than obtaining a Belarusian decision first.
Scenario 3: the liable parent is in a country covered by the 2007 Hague Convention (but not a bilateral treaty)
Where the respondent is in a country that is a party to the 2007 Hague Convention — such as Germany, France, the United States, the United Kingdom, Australia and many others — the application is submitted through the Ministry of Justice as described above. The Ministry transmits the application to the Central Authority of the relevant state. No legalisation of documents is required under this Convention.
Scenario 4: the liable parent is in a country with no applicable treaty or convention
Where the respondent’s country has no relevant agreement with Belarus, the claimant has two options:
- file a maintenance claim directly in a court of the respondent’s country under that country’s domestic law; or
- obtain a Belarusian court decision and a writ of execution, then submit those documents to the court of the respondent’s country with a request for recognition and enforcement under that country’s domestic rules.
In either case, legalisation of the Belarusian documents — by apostille or consular legalisation — will generally be required before they will be accepted by foreign authorities. Legal advice specific to the respondent’s country is strongly recommended in this scenario.
If the liable parent is a foreign national but resides in Belarus
Where a foreign national lives in Belarus, maintenance is recovered through the Belarusian courts in the same way as against a Belarusian citizen. The foreign national’s nationality is irrelevant to the court’s jurisdiction while they are resident in Belarus.
Frequently asked questions
My child’s father has moved to Germany and stopped paying. What should I do? Germany is a party to the 2007 Hague Convention. You should obtain or confirm the existence of a Belarusian court order on maintenance and then submit an application to the Ministry of Justice of Belarus. The Ministry will transmit the application to the German Central Authority. No apostille is required. We can prepare and submit the full application on your behalf.
The liable parent is in Russia and claims to have no income. What can be done? Russian enforcement authorities have the power to investigate the debtor’s income and assets in Russia. The bilateral agreement between Belarus and Russia provides for direct enforcement. Enforcement officers in Russia have the same tools available as in Belarus — including access to bank account information. Do not assume that a move to Russia puts maintenance out of reach.
What law applies to the amount of maintenance — Belarusian or the foreign country’s law? Under the UN 1956 Convention, the applicable law is generally that of the respondent’s state. Under the 2007 Hague Convention and bilateral treaties, the position varies. In most cases where a Belarusian court has already issued an order, the Belarusian amounts are enforced as ordered. Where a new claim is being filed abroad, the foreign court applies its own law.
Can I claim maintenance from a foreign national who has never lived in Belarus? Yes — if paternity or legal parentage is established. The obligation to maintain a child flows from legal parentage, not from the parent’s connection to Belarus. The challenge is enforcing any order obtained, which depends on the country of residence as described above.
Do I need to hire a lawyer in the foreign country? Not necessarily for the convention-based procedures — the Ministry of Justice handles the international transmission of documents and the foreign Central Authority takes steps for enforcement. However, where the convention procedure is not available or enforcement is contested, local legal representation in the foreign country may be required. We can assist with coordination and advise on when foreign counsel is needed.
From our practice
Maintenance from a German national — 2007 Hague Convention. A Belarusian mother returned to Minsk with her son after her marriage to a German national ended. The father remained in Germany and ceased all payments. We obtained a Belarusian court order for maintenance and prepared the full application package for submission to the Ministry of Justice, including the prescribed forms in Russian with German translations. The Ministry transmitted the application to the German Central Authority. Enforcement proceedings were initiated in Germany and the first payment was received within five months of our initial instruction.
Maintenance from a Russian national — bilateral agreement. A client’s former husband relocated to Moscow and stopped paying court-ordered maintenance. We submitted the Belarusian court order and writ of execution to the Office of Compulsory Enforcement at the client’s place of residence in Minsk. The documents were transmitted to the Russian enforcement service, which located the debtor and initiated withholding from his salary. Payments resumed within three months.
Maintenance claim where no treaty applied — father in the UAE. A client needed to recover maintenance from the father of her child, who was resident in the UAE. The UAE is not a party to either the 1956 or 2007 conventions and has no bilateral maintenance treaty with Belarus. We obtained a Belarusian court order, had it apostilled and translated into Arabic, and coordinated with a UAE family law firm to file for recognition and enforcement under UAE domestic procedure. The process took approximately eight months in total but resulted in a successful maintenance order enforceable in the UAE.
How we can help
Our advocates have over 10 years of experience in cross-border maintenance recovery, including cases involving clients from Europe, the United States, the Middle East and Asia. We advise in English and Russian and can manage the full international enforcement process remotely.
📧 [email protected] 📞 +375 29 142 27 19
