DIVORCE

Answer:

Father permission is not needed for departure from Russia. You need to know rules for obtaining a visa to India. If for this purpose needed father permission, this issue can be resolved by the court. We can help you with this issue.

Karina Krasnova

Answer:

The Russian court practice shows that the chances of custody being awarded to the father are very few unless there are very strong reasons like the mother’s immorality or addiction to alcohol or drugs.

According to the Russian Laws departure from Russia under K-1 or K-3 US visas is not considered departure for the purpose of permanent residence abroad and doesn’t require any special permission. In order to leave Russia, irrespective of the purpose of the trip, the mother and the child shall have a passport and a visa. Accordingly, you shall contact the US Consulate (Embassy) in order to find out which documents are required to apply for a visa for the child. As far as I know from my clients’ experience, many mothers leave for the USA without informing their ex-husbands about their departure. I should also mention that according to the Russian Laws a child’s departure from Russia together with the mother or the father is not a criminally punishable act or a breach of law. If Anastasia obtains a US visa for her and the child, her departure from Russia will be lawful provided that there is no court decision according to which custody is awarded to the father.

As a general rule, custody and visitation matters are not settled along with the dissolution of marriage unless the plaintiff or the respondent request so. If Anastasia wants to settled the custody matter along with the divorce, she can do it. There is no need to mention that she is planning to leave for the USA during the divorce proceedings as her husband may start obstructing her leaving. Usually the court awards custody to the mother and grants the father a right to meet the child and take part in the child’s upbringing. The court will not take the initiative in establishing the visitation procedure, the father shall file a separate claim to establish such procedure.

As I have mentioned above, the court will not take the initiative in establishing the visitation procedure, the father shall file a separate claim to establish such procedure. We may not know what the father’s claims will be. The court may award meetings once a week, once a month or twice a year. Later, after the mother’s and the child’s departure from Russia, the mother may file a claim for change of the visitation procedure due to temporary residing abroad.

In such case the visitation procedure will be changed by request of any rent.

He will not be notified about the mother’s attempt to remove the child from the country. Whether the child may be removed from the country or not will be decided by a court in case the father files a protest to the border control authorities before the child crosses the state border.

I cannot help her in obtaining a US visa but I may help her in obtaining a court order regarding the child’s custody if such order is required for the purpose if obtaining a US visa. If the visa can be obtained without the court order I would advise her to obtain the visa and leave the country without informing the ex-husband about that. If he takes legal action later it will be easier for you fiancée to protect herself when she is outside the Russian Federation because her ex-husband will not be able to threaten her by prohibition of departure from Russia.

If you have any questions please do not hesitate to contact me. I’ll be happy to answer them.

Karina Krasnova

Answer:

The procedure of communication with the child may be established after dissolution of the marriage. As your wife is a citizen of the Russian Federation and resides in Russia, you are entitled to dissolve the marriage in accordance with the laws of the Russian Federation. It will be better for you to come to an agreement with your wife in the course of dissolution of the marriage and sign an agreement that will regulate the procedure of communication with the child. According to Art. 24 of the Family Code of the Russian Federation, if spouses dissolve the marriage in a judicial proceeding, they may submit an agreement that regulates division of assets and custody and child support matters to the court. If you come to an agreement on these matters, the court will approve such agreement by your request.
If the spouses fail to enter into the abovementioned agreement, the court (by request of either spouse) shall:
 determine who will be the custodial parent;
 determine which of the parents will pay child support and fix the amount of such child support.
You may initiate a separate action for determination of the procedure of communication with the child (independent of the action for divorce). By your request the court will establish the procedure of communications between you and the child during your visits to the Russian Federation and outside the Russian Federation. You situation is not unique, there is an extensive court practice on these matters in Russia. You are entitled to communicate with your child at least once a week on the phone or via Skype or e-mail.
But it should be noted that it is quite unlikely that the court will allow you meeting the child outside the Russian Federation. That is due to the risk of you abducting the child, in which case it will be either difficult or impossible to bring the child back to the Russian Federation. Nevertheless, an agreement between you and your wife may contain any provisions including provisions allowing meetings abroad.
Could you please let me know in which city/town your wife stays? I conduct such cases and will be happy to assist you. My average fee is XXXX. To start working on your case I’ll need a power of attorney authorizing me to represent you in courts of the Russian Federation, the marriage certificate and the child’s birth certificate. Please send me copies of these documents.

Karina Krasnova

Answer:

I looked at your letters from 2010 to see how your problem developed in time. Because the problems with you wife started not yesterday, I think there are no chances to reconcile in your case and spending time for travels to Ukraine and talks one-to-one would be too optimistic. It is obvious that if you did not communicate for more than one year, both of you have own life now and keeping such marriage in my view would be very problematic.

I think that annulment way does not have a perspective. Infidelity is not a reason for annulment. Annulments are very difficult cases, very expensive and less promising. For you the best way is divorce. If from your wife there is no objection for divorce, the court will make such decision relatively quickly and each of you will proceed with own life. I also do not exclude that since one year as you do not communicate with your wife she might already divorce you.

I can help you in divorce in Ukraine. Please send me copy of Marriage certificate (if you have one). If you don’t have Marriage certificate, please let me know the exact place and date of your marriage registration. Please send me copy of your passport, copy of passport of your wife, and give me addresses of the parties. From you it will be needed the Power of Attorney to conduct the case in court; everything else we will de ourselves.

I would be glad to help you.

Karina Krasnova

Answer:

Do you have a custody case in U.S.? If not, you need to address to Supreme or Family Court and ask the judge to prohibit leaving from U.S. for your child. Otherwise, your wife has a good chance to get custody in Russia and she can remove your child from the United States on the basis of the Russian order. You will need the support of American Court in this matter.

If you have custody case in the court, what action has been before: custody issues in U.S. or custody issues in Russia?

Do you have copy of your American action for custody? Please send me it.

Karina Krasnova

Answer:

You right that according to Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) the matter of children custody should be decided by the state or territory where the children reside within last 6 months. As I know American courts always apply such Act with regard to jurisdiction determination.

But Russian Federation is not a part of such Act and in Russian law there is no rule which prohibits Russian court to consider cases regarding custody when children temporary reside in Russia or even do not reside in Russia at all. In determination of jurisdiction court considers the place of registration of the child (propiska) and his citizenship. Thus the court was formally correct when it took the case for hearing in addition to divorce suit – the request regarding custody determination.

According to Article 24 of Family Code of Russia, during divorce in court spouses can present to court’s consideration an agreement where the minor children will reside and also about payment of money for children support and/or for non-working needed spouse, about the amount of these payments and also about division of spousal property. In case where there is no agreement between spouses regarding above questions, the court by request of any of the parents may determine with whom of the parents the minor children will reside after divorce, determine from whom of the parents the money for support of the children will be withheld and in what amount, do property division in their spousal property and decide the matter of payment money for nin-working needed spouse.

In practice judges do not consider all the matter at the same time because in this case divorce can take long time which would neglects the spousal rights and denying them to get freedom and create a new family. Because of that more often the judge makes a decision of divorce within about 3 months and all the remaining questions are decides in separate court proceedings.

This is in according to requirement of Article 151 Part 2 of Civil Procedure Code of Russia where it says that judge divides one or several joined lawsuit requirements into separate proceedings if he accepts that the separate consideration of those is reasonable.

In my professional opinion, in your case the division of the lawsuit requirements would be reasonable and at the first time I would be file a request according to Article 151 of Civil Procedure Code about division of the matter of child residence into a separate proceedings. This should be file in writing. I can prepare papers about if you want. If judge agrees with such request and grants this, in this case the judge will have to make divorce decision. And under such circumstances the case in America will be discontinued in its part regarding divorce because you will be divorced.

In the contrary, if in two different courts there are two different cases in the active state about divorce, in the first time it will be a according to their order. Russia in such case has an unconditional duty to consider the case on merit because the case in Russia was brought earlier. The Article 222 Civil Procedure Code determines that court remains the request without consideration if in the process of this or different court or arbitration court there is an active case between the same parties about the same subject and the same matter.

As I know the American courts also apply the same principle of order in those cases where is no dispute about jurisdiction and American court agrees that Russia has the jurisdiction. But if both parties in fact live in the USA, their child lives in America, their property is in America and so on, based on such circumstances the American judge can consider that only American court have proper jurisdiction for the suit and if in your case the judge in America decides such, the principal of order would not have matter.

Because of that the best resolution of your case would be to request in Russian court the division of joined matters, to and get a divorce decision, when bring to American court the legalized court’s decision about divorce and ask the American court to discontinue divorce case because the divorce already happened, and ask court to consider custody matter only.

I often face such situation and if needed, I will be able to prepare the expert opinion for court in U.S. and also prepare for you all documents in Russia and/or represent your interests in Russian court.

I would be glad to help you.

Karina Krasnova

Answer:

Generally, I need Power of Attorney for this matter.
I can make Attorney's request, but I not sure that we'll receive answer.
Can you receive Power of Attorney from this person?
If not, I can try to receive info without permission, but no guarantee.

If you provide me Power of Attorney with apostille and copy of certificate, I can make it.

Please send me scan of Certificate now.

I'll be glad to help you.

Karina Krasnova

Answer:

I can make divorce for you and / or equitable distribution. You can solve these two issues together or separately. You have the right to divide the property within three years from the date of divorce.
Pursuant to the Russian law, any disputes as regards real estate located within Russia fall under exclusive jurisdiction of the Russian court.
You are entitled to apply to the Russian court claiming division of jointly acquired property. Simultaneously with the filing of suit you may apply for requesting the required information, and for imposing of arrest on property (prohibition of property alienation) before the trial on the merits.
Based on your motion the court may make the necessary inquiries and obtain information about the composition of other properties.
You should know that, if the spouses resided separately, even though the property was acquired during the marriage, is may be recognized as the property of the spouse who had acquired the property.
You should also know that the property acquired for account of the funds received before the marriage, may be also recognized as the property of the spouse whose funds were used for its acquisition.
The above specified circumstances need evidence. According to general rule the property acquired during the marriage is divided into 1/2 for each spouse. If you want to change the ratio you have to prove numerous facts and circumstances.
Your appearance to the court is not required. The court may oblige a plaintiff or a defendant to appear before the court in exceptional circumstances. According to general rule the presence of attorney at law authorized by you power of attorney will be sufficient.
First of all you have to execute a power of attorney certified by the Russian consulate or notarized + apostille. A copy of your passport is also required. I need original of your marriage certificate (I can to obtain new certificate from vital record office). The name and address of your wife is required. Other documents may be also required depending on the circumstances you are intending to prove. In my turn, I will prepare the petition to the court requesting to find out the real properties registered in the name of your wife and to impose arrest on the property. Copies of documents at your disposal and information about the disputed property are required.
For this purpose you should apply to the court and impose arrest on the property. The court will obtain the required information according to your motion.
The sooner you begin the case, the more are the chances to retain the property and prevent its selling by your wife or re-registration in the names of other persons. The consideration of such cases takes a long time: six months and more. Upon filing a suit you should pay a state duty which is calculated on the basis of the suit price.
As for attorney’s fee. If you need divorce only, my service fee will be cost $ХХХ flat fee. Equitable distribution is rather expensive. So could you, please, specify the amount you would like to fit within? – I will try to take you requests into account, whenever possible. The fee may based on hourly rate or flat fee.
I will be glad to help you.

Karina Krasnova

Answer:

I have studied all documents that you sent. I have a few questions and the first one is whether you submitted the same documents to the court. According to the laws of the Russian Federation all foreign documents shall be legalized and translated into Russian. As your country, as far as I know, hasn’t signed the Hague Convention, 1961 all official documents issued in your country are subject to consular legalization. Lack of legalized and translated into Russian documents is a basis for refusal to accept the action. Please provide me with the copies of the documents as they were submitted to the court.

As for the merits of the matter. According to Art. 20 of the Civil Code of the Russian Federation a place of residence is a place where a person resides permanently or most of the time. According to the Tax Code of the Russian Federation a resident is a person of any nationality who resides in the Russian Federation for more than 183 days a year. Where do you pay your taxes? Do you have a tax return?

The cumulative evidence of your permanent residence and work in Russia is the basis for termination of your marriage in the Russian Federation all the more so as your child lives in the Russian Federation. Does the child attend school? For how many years has the child been attending school? Will you be able to provide a certificate proving that the child attends school? Will your employer issue a certificate proving that you are permanently employed? Did you sign an employment contract?

As the court in Khabarovsk delivered the judgment that was upheld by the court of appeal, it will be difficult to obtain a difference judgment in the same court. Therefore I want to ask whether you are ready to obtain a registration at a difference place of residence. If we register you in St. Petersburg a judge in St. Petersburg, who is not aware of the judgment delivered in Khabarovsk, may deliver a different judgment and in this case the chances of success will be higher than if we try to file an action for divorce in the court which rejected your action in the past. I would advice taking legal actions in a different court where we will achieve success faster.


In any event, I am ready to work with your case. However, I will need a power of attorney issued by you and the certificate of marriage and the child’s birth certificate (both legalized and translated into Russian) before I start the work.

I will be happy to help you.

Karina Krasnova

Answer:

Since our firm began focusing on matrimonial and family law, fathers’ rights have become a hot issue. Our firm handles many custody cases (we handle more divorces than any other firm in Russia and Ukraine). We have handled and prevailed in numerous fathers’ rights cases against all odds.

Don't be afraid to enforce your rights. All of our attorneys have been involved in hundreds of Father's Rights cases and we know the specifics of this area of court.

Karina Krasnova

Answer:

Do you see the child now and if yes how often?

We need agreement with Maria. If not, to do so in order to proceed you would need the proves of bad upbringing of your child the existence of physiological or physical harassment from your ex-wife toward your child.

Every fact of abuse should be documented. If you believe that your ex-wife is mentally incompetent than such facts should be medically documented as well.

For time being you can participate it the child’s life.

By default, both parents have equal rights to participate in the child life. You can request the court of law to schedule the time and frequency of visitation. If your ex-wife fails to follow this court order, you may have some grounds for obtaining the custody of your child.

This way is so long and expensive.

Karina Krasnova

Answer:

Most likely, after your child was born you registered her as a Russian citizen. This consent has let your ex-wife to take the child from U.S. to Russia.

Where and when your divorce was documented?

Was during the process of divorce the way of communication determined (custody? visitation?). If yes, please send me court decision about it.

Do you see the child now and if yes how often?

How old is your daughter?

Please send me all documents pertaining to your situation (Marriage, Divorce, Birth Certificates, Court Decision, agreements, etc).

Now to obtain the custody for your child for you is practically impossible.

To do so in order to proceed you would need the proves of bad nutrition of your child the existence of physiological or physical harassment from your ex-wife toward your child.

Every fact of abuse should be documented. If you believe that your ex-wife is mentally incompetent than such facts should be medically documented as well.

Only under these conditions you may have a chance.

For time being you can participate it the child’s life.

By default, both parents have equal rights to participate in the child life. You can request the court of law to schedule the time and frequency of visitation. If your ex-wife fails to follow this court order, you may have some grounds for obtaining the custody of your child.

This way is so long and expensive. If you decide to proceed I will be glad to help you.

I am waiting for above mention documents to be sent.

Karina Krasnova