What nuances can arise and what is necessary to ensure that you and your child do not spoil your pleasant trip?

   For clarification, Vecherniy Brest turned to the judge of the Moscow District Court of Brest, Olga Khovalkina.

   Olga Gennadyevna, is there any specific procedure for children leaving the Republic of Belarus? Can a child leave the country, for example, with one of the parents without the consent of the second?

   – The procedure for minors leaving the Republic of Belarus is regulated by the Law of the Republic of Belarus "On the procedure for leaving the Republic of Belarus and entering the Republic of Belarus for citizens of the Republic of Belarus" No. 49-Z of September 20, 2009 (hereinafter referred to as the Law). According to Article 12 of this Law, minors can leave the Republic of Belarus accompanied by one of their legal representatives, and the consent of the second legal representative is not required. Thus, a minor can leave the country unhindered with only one parent.

   How can a child leave the Republic of Belarus without being accompanied by parents?

   – If a minor needs to leave the Republic of Belarus without being accompanied by their parents (for example, as part of a tour group, with their grandfather or grandmother), the consent of both parents is required, even if the child's parents are not married.

   A parent's written consent for a minor to leave the Republic of Belarus must be certified by a notary or another official authorized to perform such notarial actions, or by an official of the citizenship and migration department of the internal affairs body of the Republic of Belarus at the place of residence of the legal representative or minor, or by a competent authority or official of a foreign state.

   What to do in the case when one of the legal representatives (parent) is absent or it is not possible to obtain their consent, for example, if the child's father is not identified, is wanted, or has died?

   – In this case, depending on certain circumstances that make it impossible to request consent for a child's departure from the country from the other parent, a minor may leave the Republic of Belarus using their own document for exiting the Republic of Belarus and entering the Republic of Belarus without the accompaniment of legal representatives, with the written consent of one legal representative, upon presentation by the minor or their accompanying person to the border service officer of one of the following documents: a copy of the court decision on the possibility of the minor's departure from the Republic of Belarus without the consent of the other legal representative; a copy of the court decision declaring the other legal representative incapable; a copy of the court decision depriving the other legal representative of parental rights; a report on the search for the other legal representative issued by the body conducting the criminal proceedings; a marriage contract or agreement on children that provides for the possibility of the minor's departure from the Republic of Belarus without the consent of the other legal representative, or copies thereof; the death certificate of the other legal representative or its copy; a copy of the court decision declaring the other legal representative dead; a copy of the court decision declaring the other legal representative missing; a certificate from the civil registry office stating that the entry about the child's father in the birth register was made based on the mother's statement, who is not married, in accordance with Article 55 of the Code of the Republic of Belarus on Marriage and Family, or its copy.

   What to do if one of the parents objects to the child's departure from the country and does not give their consent?

   – If a minor needs to leave the Republic of Belarus with someone other than a legal representative (school excursion, competition in a section, vacation at the sea with grandparents, etc.), and one of the legal representatives unreasonably refuses to give consent for departure, then in this case it is necessary to apply to the court at the place of residence of the defendant with a statement of claim to determine a different procedure for the minor's departure from the Republic of Belarus, different from that established by the Law of the Republic of Belarus «On the Procedure for Departure from the Republic of Belarus and Entry into the Republic of Belarus of Citizens of the Republic of Belarus» No. 49-Z of September 20, 2009.

   It should be noted right away that when filing this type of claim, the plaintiff must provide evidence to confirm the actual necessity for the child to leave the country. This may include: documents confirming hotel reservations, tickets for specific dates, information about upcoming competitions, excursions, etc. At the same time, when filing such a claim, it is necessary to provide evidence confirming that one of the legal representatives approached the other with requests to give consent for the child's departure, and received an unjustified refusal (for example, correspondence between parents).

    Source: www.brestcity.com