Divorce, Custody, and Visitations issues in Russia

TO APPELLATE DIVISION OF MOSCOW CITY COURT

8, Bogorodsky Val, Moscow 107076, phone: 8-495-963-5552

from Ms Duvall, Karina Markovna, Attorney at Law

12 Grechesky prospect, S-Petersburg, 191014, phone: (495) 662-8721, email: karina.duvall@gmail.com

In the interests of Mr [confidentially] according to Claim made by Mr [confidentially] to Ms [confidentially] in regard to Dissolution of marriage and access to the child; a Counter claim made by Ms [confidentially] to Mr [confidentially] in regard to the child’s residency and child maintenance and third party’s claim made by Mr [confidentially] to Mr [confidentially] in regard to access to the child

Third Body: Custody and Guardianship Body, Municipal Administration District

Case No. [confidentially] dated [confidentially], Federal Judge Ms. [confidentially]

APPEAL

On the [confidentially] Federal Court in Moscow had considered a civil case in regard to Claim made by Mr [confidentially] to Ms [confidentially] in regard to dissolution of marriage and access to the child, counter claim made Ms [confidentially] to Mr [confidentially] in regard to the child’s place of residency and child maintenance and third party’s claim made by Mr [confidentially] in regard to access to the child.

The Court partially satisfied the original claim, namely:

Mr [confidentially] asked to get access to the child for four days of each month without Mother’s presence. The Court has decided to assign access to the child from 9 am till 4.30 pm in Mother’s presence.

We believe the decision is not fair towards the Father and is against the child’s interests. Indeed, the Father has not seen the child for 2 Years. The reason for this is inappropriate behavior by Ms [confidentially], who agreed and admitted in Court that she started preventing the meetings between Father and Son since February 2013. In order to establish the original relationship with his son interrupted by Mr [confidentially] has agreed to have first meetings with his son in Mother’s presence. However, later on he wishes to spend time with his son on his own. His claims fully conform to the Russian legislation. There is no evidence apart from the Mother’s words, that the Father makes a bad influence on the child. On the contrary, Mr [confidentially] already has good and great experience of raising two children, his older son and step daughter successfully both are happy and healthy.

Therefore, we are asking for the Father to have access to the child each month, from the second Saturday till following Tuesday, without Mother’s presence.

Mr [confidentially] has asked to have access to the child during summer holidays from 10th till 31st July without Mother’s presence. Mr [confidentially] has asked to have access to the child during winter holidays without Mother’s presence. The Court has decided to assign access to the child from 10th till 31st July and from 3rd till 8th January, from 9 am till 4.30 pm in Mother’s presence. This means that Father has to spend holidays with ex-wife, returning the child to his Mother every day at 4.30 pm.

The Court has denied Mr [confidentially] his right to book a packaged holiday to a resort near Moscow and spend a few days there with his son on his own. It is very inappropriate and strange for ex spouses to spend their holidays together. Taking into account a very negative attitude by Ms [confidentially] towards Mr [confidentially], their time together will hardly benefit the child. We insist that Father has to have an opportunity to spend time with his child without involvement of third parties.

Mr [confidentially] is a good person and a brilliant father and there is no reason why Mother has to be present at their meetings. He is an experienced and loving Father, and is certainly not any risk to the child and their personal relationship could only enhance the child’s life, which would add additional love, support and guidance.

The child’s meetings with his Father in his Mother’s presence are against the child’s interests. Obviously, the child will feel nervous. It would be impossible to spend holidays with the child when the child has to be returned to his mother by 4.30 pm.

It seems very strange that Court has allowed the Father to spend winter holidays with his son in Russia, but summer holidays – only in Moscow? How can the Father spend time with his son in Russia (for example in the Moscow region or St. Petersburg) if the child has to be returned to his Mother by 4.30 pm every day?

We are asking the Appeal Court to make a reasonable decision in this regard and allow the Father to spend time with his son during winter and summer holidays and not bound by Moscow.

Mr [confidentially] has asked for Skype calls with his son, weekly, on Saturday from 4 pm till 5 pm, Moscow time. Obviously, the child cannot stay at home on his own due to his age. Therefore, we don’t object Skype calls in Mother’s presence.

In addition to the above, we must point out that Mr [confidentially] has never objected the child living with his Mother and never pretended to have sole custody over the child. Therefore, there is no risk that Mr [confidentially] will take the child abroad; Mr [confidentially] has provided to the Court an official home study of his home in Essex, to demonstrate that he has a suitable place for his little son if permitted for holidays. Many Russians cannot dream of spending their holidays in London. The son [confidentially] has an opportunity to see the world. The denial to spend his holidays abroad interferes with the child’s interests. In addition to that, [confidentially] has got other family members in London: Grandfather, brother, they all have the lawful right to spend time with the child. It is obvious, that Mr [confidentially] elderly father will not be able to travel to Russia twice a year due to their financial, health and physical issues. If the Court could allow Mr [confidentially] to take the child to London occasionally, it would allow to protect his rights as the Father, but also to protect the rights of other family members and more importantly, the rights of the child himself who has the right to see his father and his father’s family.

According to law both parents have equal parental rights. The Mother has been taking the child abroad without any problems. The Father believes it is fair to have equal parental rights with the Mother and by all means such trips would benefit the child.

In regard to Ms [confidentially] appeal: we have submitted our objections dated [confidentially] in accordance with Article 166 of the Family code, the foreign law can be used in cases provided by law. In this case it is not necessary to use foreign law as the case has been considered according to the Russian law. The Court has already denied this claim to Ms [confidentially] in June 2014.

All other Mother’s claims are aimed to infringe the Father’s rights and an attempt to revaluate the gathered evidence.

Full income details for [confidentially] including all earning have been disclosed to the Court and therefore Ms [confidentially] claims have no truth or accuracy.

Taking into account all the above and according to Articles 328-330 of the Civil code,

We hereby request:

1. To amend the Decision made by [confidentially] Court on the [confidentially] 2014. All visitations of Mr [confidentially] with his son to be held without Mother’s presence and uninterrupted in Moscow and outside of Moscow as per the following schedule:

- Monthly, from 9 am on second Saturday and till 4.30 pm on the following Tuesday without Mother’s presence.

- During summer holidays, from 10th July at 9.30 am and till 31st July at 4.30 pm.

2. All other Court decisions to remain unchanged.

3. To deny Ms [confidentially] appeal.

4. All the information should be forwarded to the following address: Duvall Karina Markovna, 12-10 Grechesky prospect, S-Petersburg, 191014, Tel: 8-495-662-8721.

Dated [confidentially]

Yours faithfully,

Karina Duvall

Russian Divorce Attorney