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Child custody

TO WHOM IT MY CONCERN

A F F I D A V I T

I, KARINA DUVALL, being duly sworn, depose and say:

1. I am admitted to practice law in the Russian Federation. I have over 15 years of high level experience in Matrimonial, Family, and Civil Law of the Russian Federation as well as in International Law.

2. I am licensed by the Appellate Division, 2nd Judicial Department of the Supreme Court of the State of New York as a legal consultant from Russia pursuant to Section 53(6) of the Judiciary Law of the State of New York, as limited by Part 521 of the Rules of the Court of Appeals, and in accordance with the rules of the Court. I am often called to testify in the United States courts as an expert on Russian laws. I have provided many testimonies as a Russian Legal Expert in various foreign courts, especially, in United States.

3. My clientele consists of individuals of all nations who need expertise in Russian law. I specialize in Family and International Private Law and my area expertise is complex multi-jurisdictional family and matrimonial cases.

4. My qualifications include but are not limited to:

- Providing expert witness services regarding Russian Matrimonial, Family, Civil, Contract, Corporate and Tax Law.

- Representing clients in the Russian Federation’s court actions of divorce, separation, property division, spousal maintenance, child custody and support.

5. I have Master Degree in Law: Law school of the Saint Petersburg State University, Saint Petersburg, Russian Federation, 1997. I have Bachelor of Law: Law school of the National Law Academy of Ukraine, Kharkov, Ukraine, 1995.

6. I represent clients in various Russian courts of law. I successfully resolved over 300 cases. My extensive practice in International, Civil, and Family law was highly acclaimed in legal magazines, newspapers, and websites. Legal actions where I acted as an attorney are published in official legal recourses and considered as persuasive authorities in terms of implementation of Russian statutes. My duties are:

- Litigation in civil actions.

- Preparing pre-trail documents including: petitions, responses, interrogatories, subpoenas, affidavits, notice of depositions, settlement letters, and stipulation.

- Representing clients during depositions, settlement conferences, and motion hearings.

- Representing clients during trial activities: opening statements, introduction of evidence, direct and cross examination of witnesses, and closing arguments.

- Providing legal opinions on Civil, Family and International Law of the Russian Federation.

- Enforcement of foreign courts decisions and awards of international arbitration intuitions.

7. I have received for legal expertize a birth certificate with respect:

Full name: "Name is confidential"

Date of birth: "DOB is confidential"

Place of birth: New York, USA

Mother: "Name is confidential"

Father: ---

8. From this certificate we can see, that "Name is confidential" is a single mother of her son, "Name is confidential". Accordance of the Russian Law, she has full responsibility, all rights and obligations, before this child, until age 18.

9. This birth certificate has following information by Russian consulate: «This child has Russian citizenship according Russian Federal Law dated on May 31, 2002 № 62-FZ “About Russian citizenship”.

10. Thus, the Russian Consulate recognized that the child has acquired Russian citizenship by birth, because he has single parent, who is Russian Citizen (art. 12 part 1 “a” of Russian Federal Law dated on May 31, 2002 № 62-FZ “About Russian citizenship”).

11. In accordance with articles 54, 56, 63 of the Family Code of Russian Federation, the child is a person under the age of eighteen years. Protection of the rights and legitimate interests of the child is carried out by parents. So, "Name is confidential", as single parent of her son, has all rights and duty of "Name is confidential". Her responsible are upbringing and development, is obligated to take care of his health, physical, mental, spiritual and development. She has priority in front of any other persons. In accordance with articled 64-65 of the Family Code of Russian Federation, she shall have to protect rights and interests of her child. This is the main subject of parent’s concern, because of direct instructions of the Russian Law.

12. In accordance with articles 20, 22 of the Federal Law “About procedure for Departure from Russian Federation and Arrival to Russian Federation”, the Russian child leaves Russia with one of his parents. Because child have only single mother, responsibility for his life and health conditions, protect his rights and interests abroad, are responsibilities of single mother, "Name is confidential".

Based on the foregoing pursuant to articles 54, 56, 63-65 of the Family Code of Russian Federation, articles 20, 22 of the Federal Law of Russian Federation “About procedure for departure from Russian Federation and Arrival to Russian Federation”, article 12 part 1 “a” of Federal Law of Russian Federation “About Russian Citizenship”, being an expert in Russian Law, I do foregoing

CONCLUSION:

1. "Name is confidential" has a sole custody over her son, "Name is confidential", DOB: "DOB is confidential". She shall represent him to any legal entities and individuals, including any courts, without special powers or permissions (see art. 64 of the Family Code of Russian Federation).

2. "Name is confidential" has the right to make any decisions for the child and full responsibility of him.

3. "Name is confidential" can leave Russia to any countries with her son, "Name is confidential", DOB: "DOB is confidential".

4. "Name is confidential" has all rights, and takes the full responsibilities for her son, "Name is confidential", DOB: "DOB is confidential", in Russian territories and abroad.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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