Family cases in Belarus
Disputes in family matters remain one of the most difficult categories of court cases, both from a legal point and emotional points of view: often each of the parents aggravates the conflict, in which the child is always a participant. It is important and necessary that a attorney in a family case acts not only as a representative of one of the parties, but also as a conciliator. For this reason, our team has certified mediators - professionals, who can resolve a family conflict without a trial.
If it was not possible to settle the conflict out of court, then our attorneys are ready to provide you with the following legal assistance:
- divorce cases;
- property division;
- determination of the child's place of residence;
- transfer of the child to foster care to one of the parents;
- determination of the order of communication with the child;
- determination of the procedure for participation in the raising the child by parent, who lives separately;
- collection of alimony;
- reduction of alimony, change in the amount of alimony;
- deprivation of parental rights.
During the litigation, a number of questions arise before the parties of the dispute: which is the basis for calculating the amount of the state duty for going to court: estimated or market value of the property? can only a part of the jointly acquired property be divided by court? It is important to contact a family lawyer in a timely manner, since errors in procedural documents can entail negative consequences both for the plaintiff, for example, the claim may be left without movement or the initiation of a civil case may be refused, and for the defendant: lack of a reasoned position in the case reduces the chances of the defendant to prove his rightness in the dispute.
Family cases, involving foreign citizens, is a special category of disputes.
The return of a child under the Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction (dated October 25, 1980) has come into force for the Republic of Belarus after its ratification in 1998. If a child is unlawfully displaced to the Republic of Belarus or is unlawfully detained in the Republic of Belarus, the person, who is endowed with custody of the child, has the right to apply to Belarusian court for the return of a child on the basis of the Hague Convention on the Civil Aspects of International Child Abduction.
Thus, Belarusian procedural law provides legal instruments for official child's guardian to return the child to the place of his permanent residence. Particularly, the claim must be sent either to the court at the place of temporary child's stay, or to the Ministry of Justice of the Republic of Belarus, which is the Central state organ with the authority to perform the procedural acts on the basis of the Convention. Before the end of a trial the court may apply the interim measures to restrict the child's ability to travel outside Belrus. Such option provides additonal guarantees for the plaintiff.
Our attorneys at law provide legal assistance in application the Hague Convention on the Civil Aspects of International Child Abduction rules in Belarus.
Custody cases in Belarus
Unfortunatly, we need to mention, that Belarusian law is not so flexible in issues, connected with co-parenting and joint custody as in other jurisdictions. Our professional experience shows, that, for example, the courts of California and Florida are more progressive in determining custody and parnting time. Nevertheless, our attorneys use all the opportunities, provided by Belarusian law, for protecting the interests of a child and his parent, who lives separately.
Resolving a dispute on child's place of residence, if the parents live separately, the court takes into account the child's age, his attachment to each of the parents, brothers, sisters, other family members, moral and other qualities of parents, the relationship that has developed between each of the parents and the child, the degree of care and attention shown to the child by the parents, taking into account their type of activity, living conditions, the ability to provide the appropriate material and living conditions for upbringing and development of the child. In custody cases the guardianship authorities are invited to provide their official opinion on case.
Our family lawyers provide the following legal assistance:
- oral and written consultations;
- preparation of legal opinions;
- representation of clients' interests in courts of the Republic of Belarus;
- preparation of statements of claim, petitions, procedural statements;
- preparation of objections to the statement of claim;
- preparation of legal documents, including marriage contracts, agreements on children, agreements on the payment of alimony;
- preparation of appeals and supervisory complaints;
- representing the clients' interests in the guardianship and trusteeship bodies, other bodies and organizations of the Republic of Belarus.
Contact us for more info.