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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)?
29.02.2024
Let's 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 in Belarus? Let's find 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 with it back abroad. 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 apply for a passport for the child 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, both 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 in Belarus?
In this situation, there are two paths you can take: 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. The divorce can be processed through a lawyer with a power of attorney, allowing you to obtain the divorce outside of Turkey. In situations where the plaintiff has minor children or when the plaintiff cannot file for divorce at the foreign husband's place of residence, the termination of the marriage is done through the court, and the plaintiff (in this case, the girl) can file at their place of residence through the Belarusian court. Typically, the divorce case is handled according to Belarusian law.
Is it possible to receive alimony from a former husband who is a citizen of a foreign country?
Alimony cases are handled at the plaintiff's place of residence, meaning the girl's location. There is no need to appear in a foreign court.
The Republic of Belarus has ratified the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This Convention is in force in 39 other countries, including Turkey. The Convention protects children's rights, as it is more difficult for a parent living abroad to avoid paying alimony.
To receive alimony from a Turkish citizen, you need to contact the Ministry of Justice of the Republic of Belarus (Department of Enforcement of International Treaties, International Cooperation Department of the Ministry of Justice). You can find information about the necessary documents here.
If you have questions about employment abroad, safe and legal migration, assistance to victims of human trafficking and their relatives, as well as children's safety on the internet, use the information posted on our website!
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