Family Law: termination of parental rights, rights of the child, child support. (Russia)
1) Can you clarify to me the discrepancy about the Hague convention? Why if Russia is a signatory country, they are allowing her to apply for divorce, when she haven't resided in Russia for several years. If she's using the registration on her parents address to prove her habitual residency, isn't it illegal? Some sort of fraud? What can be done in that case?
As far as I know, even if she applies for divorce in Russia, it won't be recognized internationally by the convention, as it didn't abide to the stipulations (this was what I talked with the lawyers on international family law in Canada).
2) Is it true that once she applies, even if I don't agree on her terms and don't sign her petition, they give I believe 3 months of concealing time, after which they can rule on her favor? Why would that be?
3) We never lived or intended to live in Russia, She even activated her Canadian residence and all along the year we've been planifying it, it was just in May when she backed off.
4) I never gave her express permission to take my daughter away from China, wouldn't that be a wrongful removing?
5) I believe there are several options that I can resource from (Human Rights, Hague convention, etc...).
6) What are the chances of making this case successful?
7) What would be the cost involved for following the full case?
What Hague Convention do you mean? Many Hague Conventions exist, please specify.
The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction not consider any questions about divorce proceeding. By Russian Law, Russian citizen can obtain divorce in Russia no matter what. So, your wife can file divorce in Russia in any case. If you already have open divorce case in other country, it can stop Russian divorce proceeding, but no guarantee.
Divorce in Russia is possible by Russian law. It is not fraud. But maybe Canada doesn’t recognize this divorce, if it will be against Canadian law.
In most cases, Russian divorces are recognized abroad.
Yes, it is true, your divorce can be complete in 3 months unless you’ll file counter-claim about custody, visitations, or property issues.
It is not important. She can make divorce, if she is Russian citizen.
You can ask to return a child based on The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and / or Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. We can use this way, but no guarantee we will win.
Like I said you before, nobody can give any guarantee in these types of cases. It will be costly proceeding, and I will be glad to do best what I can. I will discuss price with you depend of your final goal.
If you don’t want to use Hague Conventions, you still can obtain divorce and visitations order in Russia.
Please let me know what you want me to do, and I’ll give you the best price.