Information on Safe Migration
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revealing her personal potential, professionally
assisting in the realization of civil and social rights
How to return to Belarus with a child who has a foreign passport (using Turkey as an example)?
Imagine a situation: a young mother with Belarusian citizenship moved to Turkey, married a Turkish citizen, and had a child with him. But the girl became a victim of domestic violence and realized that she needed to urgently save herself and her minor child. How can a Belarusian woman return from Turkey back to Belarus with her child if he does not have a Belarusian passport? Is the husband's consent required for the child's departure? Is it possible to divorce a foreign husband while being in Belarus? Let's figure it out.
How can a Belarusian woman return from Turkey back to Belarus with her child if he does not have a Belarusian passport?
The absence of a Belarusian passport for the child is not an obstacle, since according to the law of the Republic of Belarus, the child automatically receives Belarusian citizenship if at least one parent has citizenship of the country. It is possible to leave Turkey with the child using Belarusian documents; for this, you need to contact the Belarusian embassy in Turkey and obtain a certificate for the child's return to Belarus.
This document is issued to minor citizens who were born abroad. With this certificate, the child will be able to enter Belarus once; it is not possible to leave the country again using it. The maximum period for which this certificate will be valid is six months. After entering Belarus with the return certificate, you will need to submit it to the department of citizenship and migration of the internal affairs body at the place of registration within a month. You can also submit documents for the child's passport there.
Is the husband's consent required for the child's departure from Turkey?
It all depends on whether the girl is officially married to the child's father. If so, then according to Turkish law, the spouses have joint custody of the children, and the permission of the second parent for the child's departure is required, and it must be notarized.
If the couple is not officially married, then according to Turkish law, custody of the child belongs entirely to the mother. Therefore, even if the child is registered in the country and has Turkish citizenship, permission from the father for departure abroad is not required.
Is it possible to divorce a foreign husband while being in Belarus?
In this situation, there are two ways to proceed: you can initiate divorce proceedings by filing for divorce at the defendant's place of residence, or you can go to a Belarusian court and handle the matter in Belarus.
If you choose the first option and the girl's husband permanently resides in Turkey, you need to file for divorce in Turkey. You can get a divorce through a lawyer who has a power of attorney, then you can get a divorce outside Turkey.In a situation where minor children remain with the plaintiff, or when the plaintiff cannot file for divorce at the place of residence of the foreign husband, the termination of the marriage is carried out through the court, and the plaintiff (in this case, the girl) can file for divorce at their place of residence through a Belarusian court. As a rule, the divorce case is considered under Belarusian law.
Is it possible to receive alimony from a former husband who is a citizen of a foreign country?
Alimony cases are subject to consideration at the plaintiff's place of residence, that is, the girl's. There is no need to be present in the court of another state.
The Republic of Belarus has ratified the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This Convention, in addition to the Republic of Belarus, is in force in 39 other states, including Turkey. The Convention protects the rights of children, as it is more difficult for a parent living abroad to avoid paying alimony.
To receive alimony from a Turkish citizen, you must contact the Ministry of Justice of the Republic of Belarus (Department of Enforcement of International Treaties of the International Cooperation Department of the Ministry of Justice). You can find information about the documents you need here.
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