DIVORCE

Answer:

Dear Mr. Roussos,

A citizen of Ukraine can come back to the territory of Ukraine any
time. I've know law about citizenship-the citizenship of Ukraine has
been given to her on the ground of Article 7 part 1 of law "About the
citizenship of Ukraine". I do not think that returning the child to the
country of his citizenship (especially if they found out that it is
the only his citizenship) can be considered kidnapping.

According to the materials of the case, father is a citizen of Great
Britain, mother is a citizen of Ukraine and daughter is a citizen of
Ukraine. I have the following questions on this matter:

1) Does daughter have citizenship of Cyprus?
2) Does she have citizenship of Great Britain?
3) Does she have residence permit in Cyprus? As a citizen of Ukraine
or Great Britain?
4) Does father have residence permit in Cyprus?
5) Does mother have residence permit in Cyprus?

If the girl has citizenship or residence permit in Cyprus, and her father -
residence permit in Cyprus, then there is chance to return a child.

If they all have a temporary immigration status in Cyprus, in this
case, in my opinion, the case does not have any perspective as for
returning the child to Cyprus.

The second point which is not in your favor is that your wife filed
claims to police and addressing to the social welfare office in
Cyprus, if it is going to be confirmed, your chances will be even
less.

I think this case has to be regarded as that one that defines the
place of the child's residence not as one that returns the child.

If we are looking at the case from this prospective, then we need to
define to which parent the child is closer, who has better living
conditions, education and development.

Applying it to our agreement, I would choose to conclude a peaceful
agreement according to which there will be a need to define both
parents' participation in the child's development. In my opinion
chances to send a citizen of Ukraine to live in Cyprus by force are
minimal. The court has to make the decision that responds to the
child's interests. His living in Cyprus far from his mother seems to
be very doubtful in my opinion.

Karina Krasnova

Answer:

First of all, I would like to express my first opinion on the nature of documents you transferred us, since you sent us those and we spent time on reading them.

Judging by your wife`s letters to her Internet friends, she is very seriously disposed to divorce you and does not a slightest intention to get back to the States. According to her words, she escaped the States as she would escape a prison where she was haunted with nostalgia and the feeling of helplessness”. And there also were your passes… Judging by her letters, she does not have any special hatred or other negative feelings toward you. She just considers you “a bore” and too suspicious man. But the main reason for the divorce, based on her words, are the desire to escape from you and the States as the factors depriving her of her freedom.
I will not write anything about her possible adulteries and relations with other men - these are your personal relations with her, and I do not feel like going into it in detail.

The legal part of the issue is as follows.

Your wife, having the intention to divorce, can go the following way:
She can apply with a lawsuit for termination of the marriage to Odessa district court where she resides. In such case the court will have to send you a judicial summons and inform of the date of hearing. You have the right to appear before court or authorize a solicitor to represent your interests in court, and declare during the proceedings that you consider it possible to keep your marriage, and think that the controversies between you are temporary. In such case the court can provide the time for you and your wife for possible reconciliation – up to 6 months, during which you might try to make your relations with your wife better. But since your wife is dealing with the lawyer who is alluding to an opportunity to “solve the issue” in the shortest time, they might try to have the case considered without sending you a summons, but by way of summoning you to court by publishing a notice on a local paper (this is allowed by Ukraine`s procedural legislation). In such situation the case will be heard in your absence. In order to avoid this, it is necessary to make regular calls to the district court where she resides and find out if the court is going to hear such case (of you and your wife`s divorce), and if yes, then come and participate. To take such measures, we need to know your wife`s exact domicile and place of registration.
It is about all by now. We will be happy to be of help to you.

Elena Patratiy

Answer:

It appears that you did become a victim of unfair acts on part of your fiancee (wife). You had better terminate your marriage with this woman as soon as possible and try to get your property back.

Unfortunately, you did not provide us will full information about this issue, namely, the date of marriage conclusion and the date of property purchase, which is important for complete understanding of the situation.

But based on the information you supplied it follows that though you have no actual marriage relations with this woman (if we understand it right, you do not sleep together…), your marriage is difficult to regard as fictitious. Since you sent her money, talked over the phone, maintained correspondence etc., that is an intention to have a family is confirmed on your part. As to her, all the facts that we have collected about her now, which will confirm, for instance, that she is cheating on you, deceiving you into parting with money and, probably, has another man, will attest to her infidelity. While in order to prove her absence of intention to create a family at the moment of marriage conclusion and declare the marriage fictitious on that ground, it is necessary to find direct evidence that she had no intention to create a family with you at the moment of marriage conclusion. This should be either her words said to anyone (relations, friends), letters written by her where she would write directly that she had no intention to actually create a family with you.

In this case it will be possible to try to have the marriage declared invalid in court. But this is quite difficult and expensive.

If there is no such evidence, it will be necessary to apply to court with an action for marriage annulment.

In order to solve the issue of getting your money back, it is necessary to know when you purchased your flat, - before or after marriage conclusion.

If that happened before, we have to disappoint you: since there is no receipt issued by your wife and confirming that she has received money for an indefinite period (that is you lent her money), it will be extremely difficult to get your money back.

If you purchase the flat after conclusion (registration) of the marriage, the situation is better, since in this case the flat will be joint property of spouses no matter in whose name it was purchase.

Pursuant to Clause 60 of Ukraine`s Family Code, property purchase by spouses or either of them in marriage is their joint property and each owns the half of such property. That is in case we follow the way of marriage termination, we can file a lawsuit for division of property jointly acquired in marriage and recognition of your right of ownership to ½ of the flat acquired by you in your wife`s name.

If we follow the way of having the marriage declared invalid (if there is the relevant evidence), we can try to evict the whole flat from your wife.
Pursuant to Clause 45 of Ukraine`s Family Code, if during an invalid marriage, persons acquired property it shall be deemed to belong to them by right of private ownership. The size of each spouse` s share shall be determined based on their contribution to purchase of such property.

That is if there is evidence that you made a money transfer for purchase of the flat, we can try to evict the whole flat from her.

That is about all that can by said now. The key moment in your situation is the date of purchase of the flat as compared to the date of marriage registration. If the flat was purchased after the marriage registration, it will be optimal to have the marriage terminated and jointly acquired property divided. If the flat was purchased before the marriage, you have no other chances to get your flat back but to try to have your marriage declared invalid. This is a very complicated category of civil affairs in courts.

Thus, we will be able to determine our final opinion in respect to your case when we know exactly the date of marriage registration and the date of flat acquisition. Please, clarify these data.

Elena Patratiy

Answer:

Your issue could be solved favorably by way of concluding an agreement with the child`s father or in court. It is only a valid court decision that can allow the mother to take her child abroad without obtaining the father`s permit.

As a rule, a child`s parents have equal rights to upbringing of their child and equal obligations as to his/her maintenance. Pursuant to Clause 157 of Ukraine`s Family Code, issues of upbringing of children are jointly solved by parents. The parent living with the child has no right to prevent the parent living separately to communicate with the child and participate in his/her upbringing, unless such communication inhibits the child`s normal development. Parents also have equal rights when they solve the issue of determining the place where the child will live. Pursuant to Clause 160 of Ukraine`s Family Code, the place of residence of a child who is under 10, shall be determined upon consent of both parents, When determining the place of residence of a child at the age of 10 of older, the child`s opinion is also considered. If parents live separately, the place of residence of a child of 14 or older is to be determined by him/her independently.

If parents cannot come to agreement as to where their child should live, this issue can be solved by a tutorship and guardianship authority or by court.

Provisions of Ukraine`s laws on the procedure for travel of under-age children within the territory of Ukraine and exit of children outside Ukraine also imply obtaining consents from both parents (Clause 313 CC RF). Otherwise might be agreed upon by a contract between parents or by court decision.

Pursuant to Item 2-1 of the Regulations of crossing the state border by Ukraine`s citizens approved by the Resolution of Ukraine`s Cabinet of Ministers, # 57 dated 27.01.1995, citizens under the age of 16 can cross the state border with the purpose to exit outside Ukraine only with both parents` consent and accompanied by them or by people authorized by them, or by a court decision.

Thus, until the child is 16 years old, his/her exit outside Ukraine with one of the parents is requires the second parent`s consent certified by a notary, and, in the absence of same, - a decision of the competent court to that effect.

However, Ukraine`s legislation provides for cases when the child`s exit abroad is possible without the second parent`s consent. Subject to par. 2, part 1 of Item 2-2 of the Regulations of crossing the state border by Ukraine`s citizens without the child`s other parent`s consent certified by a notary, a child under the age of 16 can go outside Ukraine in case the child`s travel document contains an entry of leaving for permanent residence outside Ukraine or a note of consulate registration with a diplomatic mission of Ukraine abroad.

Besides, a child`s exit abroad without the child`s other parent`s consent certified by a notary is possible in case the other parent has been deprived of parent rights, or a court decision is produced about the court issuing a permit to exit outside Ukraine without the other parent`s accompanying and consent.

The court can issue such permit considering specific circumstances of a case. However, the prerequisites for obtaining such a permit are as follows:
• To produce evidence of the proper living conditions for a child abroad (housing conditions different from the housing conditions in Ukraine in terms of better quality);
• guaranteed income of the parent accompanying the child abroad;
• often – a foreign spouse` s affidavit providing guarantees to ensure a high level of living to his/her family, including housing conditions, school education, leisure arrangement and other life areas.
• Guarantees of a child getting, if necessary, medical assistance abroad (insurance);
• Financial guarantees of covering expenses related to living abroad;
• Data on geopolitical situation in the country (no military actions, strikes, revolts);
• Guarantees of enrolment of a child to school and provision of him/her with a better education than in Ukraine.

Meanwhile, it is important to confirm that the parent staying in Ukraine cannot or does not want to ensure the proper living conditions for the child, nor participates in the child`s life or is indifferent as to how the child is doing.

The law does not provide an exact list of such documents, and in each separate case this issue should be approached individually, based on the necessity to produce the maximum amount if evidence that can convince the court to pass a favorable decision.

As to a holiday abroad, even short-term travels require the child`s father`s consent. To obtain a court decision allowing the exit is as hard in case of short-term travels and in case of an exit for permanent residence abroad. That is why, in my opinion, it is expedient that you at once apply to court for a permit to an exit abroad for residence.

We will be happy to help you and represent your bride`s interests in the Ukrainian court, if is necessary.

Elena Patratiy

Answer:

In this situation the marriage can be dissolved only judicially. We should know official place of residence of the wife in order to identify the right jurisdiction: in case she lives in the Russian Federation the marriage shall be dissolved by a court at her place of residence in the territory of the Russian Federation; in case she permanently resides in Ukraine the marriage can be terminated by a Ukrainian court.
Thus required documents shall be prepared depending on the country where this divorce case will be examined. All required documents shall be prepared with Consulate’s assistance as Tunis is not a member of the Hague Convention of 1961.
Marriage certificate. This document is required in original for the purpose of marriage dissolution. In case it is not available the first thing you shall do is retrieve it.
The second issue is child’s birth certificate. Where was the child born? Is there a legalized copy of child’s birth certificate? In case such copy is not available you shall obtain the certificate legalize it and obtain a notarized copy thereof.
Husband’s presence: his personal presence in court is not required.
Recovery of alimony payments: only child’s mother can address a court with a requirement to recover alimony payments. In case he wants to solve this matter independently he can offer his wife to conclude an alimony agreement. He can also conclude a contract establishing a procedure for exercise of parental rights in case he is interested in upbringing of the child. In case the wife refuses to conclude such agreements all the mentioned matters can be solved judicially.
All required actions (in a court and a notarial office) can be performed by a representative on the basis of properly formalized power of authority. I will personally prepare a text of the power of authority for you if we conduct your case. We will provide for an authority to obtain and legalize a divorce certificate upon termination of the case.
In case you have any unanswered questions you can ask them. In case everything is clear we are ready to handle your matter.

Karina Krasnova

Answer:

You can recover alimony payments by a decision of a Ukrainian court concurrently with marriage dissolution. We can do it for you if you want – give us the name of the city and whether the marriage certificate is available. When and where was the marriage registered? When and where was your child born? Where in Ukraine do live at the present time?
The bill of divorce will be definitely accepted and acknowledged in the States. The decision of a Ukrainian court shall be acknowledged by a US court in order to recover alimony payments. That is why it will be better to recover alimony payments by a decision of a US court. I can help you with a choice of a lawyer commissioned in the State of Washington who will be able to recover alimony payments for you child or submit the decision of a Ukrainian court for enforcement. You will have to leave Ukraine for this purpose; you will issue a power of attorney to a lawyer and he will perform all necessary acts on your behalf.
I think you need to dissolve the marriage and recover alimony payments in order to continue living and bringing up your child worthily.
Please analyze this information and contact us if needed.

Karina Krasnova