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Divorce and Child support issue

Translated from Russian

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2-ХХХ/2014

JUDGEMENT

In the name of the Russian Federation

June ХХ, 2014

[Name of the Court], composed of:

Presiding Judge [Name of the Judge]

with participation of the attorney [Name of the Attorney at Law]

with the secretary [Name of Secretary]

having heard the civil case examined at the open sitting of the court considering the claim lodged by [Name of Plaintiff] against [Name of Defendant] requesting dissolution of marriage and setting the place of residence of the child,

established the following facts:

Plaintiff filed a lawsuit against Defendant asking for divorce and to set the place of residence of the child.

At the hearing, the applicant confirmed her claims in full and gave the following explanations:

She has been living with the child in the city of Moscow from January 2013, she has a permanent place of work and residence and is not going to return to her husband. She has no information at what concrete address the Defendant lives in America, as the family always lived in rented apartments; the Defendant has no living property of his own; she is not aware of her husband’s whereabouts; she asked to dissolve the marriage with the Defendant and to set the places of residence of the child with her.

The Defendant did not show up at the hearing, having been informed of the date and time of the proceedings at the known place of residence given in the statement of claim; however, the mail correspondence was returned from America, the Defendant’s actual place of residence is unknown; he has no domicile registration in Moscow; in connection with the above the court considered the case in the absence of the Defendant in accordance with Art. 50 of the Civil Procedural Code of the Russian Federation, with the participation of an attorney at law.

The lawyer did not confirm the statement of claim at the court hearing, asked the court to resolve the dispute in accordance with Art. 22, 65, 80 of the Family Code of the Russian Federation and make a judgement as proper.

Having heard the parties, taking into account the opinion of the representative of the guardianship department under Administration of [Name of district] of Moscow who voiced a conclusion on the need to set the place of residence of the child with the mother, having studied the materials of the case, the court comes to the following conclusions.

The rule regarding court jurisdiction of divorce cases involving citizens of Russia as the subject of trial at Russian courts, regardless of the participants’ residence in the Russian Federation or outside it, is fixed in par. 8, part 2 of, Art. 402 of the Civil Procedural Code of the Russian Federation. It states that the courts in the Russian Federation have the right to plead cases involving foreign citizens or stateless persons, if at least one of the spouses is a citizen of the Russian Federation in the marriage dissolution case.

In accordance with par. 1 of Art. 160 of the Family Code of the Russian Federation, dissolution of marriage between citizens of the Russian Federation and foreign citizens on the territory of the Russian Federation is effected in accordance with the legislation of the Russian Federation.

In accordance with part 1 of Art. 21 of the Family Code of the Russian Federation, dissolution of marriage is made judicially if the spouses have common minor children, with the exception of cases envisaged by par. 2 of this Code, or if either of the spouses gives no consent to dissolution of the marriage.

In accordance with Art. 22 of the Family Code of the Russian Federation, the marriage is dissolved in judicial order if the court has established that further family life of the spouses and preserving the family is impossible. The marriage is dissolved if all the measures to reconcile the spouses proved to be ineffectual, and one of the spouses insists on dissolution of the marriage.

It was established at the hearing that Parties had been in married officially from June 19, 2011.

In this wedlock they have a minor son [Name of son], born on February 2, 2012. The ruling of the Court as of March 24, 2014 set a reconciliation period for the spouses for one month.

The Plaintiff insists on the divorce, stating that the marital relations between the spouses had been terminated, the spouses do not maintain a common household; the period granted by the court for reconciliation did not yield any positive result; the Plaintiff is not going to return to America with the child, presently she has a permanent place of work and residence in the city of Moscow.

In such circumstances, the court finds that the family has disintegrated, it is impossible to recover it, therefore the court finds the Plaintiff’s claim reasonable and subject to satisfaction.

In accordance with Article 24 of the Family Code of the Russian Federation, in case of dissolution of marriage in court, the spouses may submit an agreement to the court with their decision on which the minor children will live with, on the order of paying child support, on the amount of such funds or on sharing the marital property. In the absence of such agreement, the court shall determine with which parent the minor children will live after the divorce; on which of the parents and in what amount the child support is to be charged on the children.

According to the Constitution of the Russian Federation, the Russian Federation is a social state with the policy aimed at creating the conditions providing well-deserved life and free development of a man (Part 1 of Article 7); in the Russian Federation, the motherhood and childhood, the family are under the protection of the state; care of children and their upbringing is the equal right and duty of the parents (Part 1 and Part 2 of Article 38).

In accordance with paragraph 5 of the Enactment of the Plenum of the Supreme Russian Federation Court dated May 27, 1998 N 10 (ed. February 6, 2007) "On the practice of enforcement by the courts of the legislation in resolving disputes connected with upbringing of the children", when deciding on the place of residence of a minor in case of estrangement of its parents (regardless of whether they are officially married), the child's age should be taken into account, his/her affection for each of the parents, brothers, sisters and other family members, moral and other personal qualities of the parents, the relations between each parent and the child, the possibility of creating due conditions for the child’s education and development (taking into account the occupation and work conditions of the parents, their financial and family situation, bearing in mind, that the advantage in material conditions of one of the parents as such is not an unconditional basis for meeting the claims of the parent), as well as the other circumstances characterizing the environment that has taken shape at the place of residence of each parent.

In accordance with Part 2 of Article 54 of the Family Code of the Russian Federation, every child has the right to live and be brought up in a family, as far as possible, the right to know his/her parents, the right to their care, the right to live together with them, except when this is contrary to his/her interests.

The child has the right to education by his parents, securing his interests, comprehensive development, and respect of his human dignity.

In accordance with Art. 63 of the Family Code of the Russian Federation, the parents have the right and must upbring their children.

The parents are responsible for upbringing and development of their children.

They must take care of their children's health, their physical condition, moral and spiritual values.

By virtue of Art. 65 of the Family Code of the Russian Federation, the parental rights may not be exercised contrary to the interests of the children. Protection of the child’s interests must be the primary concern of their parents.

According to Par. 3 of Article 65 of the Family Code of the Russian Federation, the place of residence of the children is case of the parents living apart is set by agreement of the parents. In the absence of agreement between the parents, the dispute is settled by the court proceeding from the interests of the children and taking into account the children’s opinion. The court takes into account the affection of children, the moral and other personal qualities of the parents, the relations between each of the parents and the children, the possibility to create due conditions for the children’s education and development (occupation and work conditions of the parents, their financial and family situation and other).

Due to the fact that the Plaintiff has decided to have the marriage terminated, and in the absence of agreement between the parents on the place of residence of children, the dispute on setting the place of residence of the children was reasonably brought by the parties for consideration of the court.

In resolving a dispute, the court proceeds from the equality of rights and responsibilities of both parents (Article 61 of the Family Code of the Russian Federation), giving preference to the one who provides the most favourable conditions for raising the children.

According to the deed of examination of the living conditions at the address: [address], drawn up by the Administration of [Name of district] on March 21, 2014, the apartment is cosy, is maintained in good order, is clean, it has all necessary furniture, modern domestic appliances. The child has a private room, a place of study and games, children's books and children's toys.

The conditions for the child living and development are good.

Plaintiff is positively characterized at the place of work and residence, has a regular income.

The necessary condition of proper upbringing of children is their attachment to each of the parents and their perception of the environment where they live.

The child presently lives with his mother, is totally supported by her as her dependent.

According to Art. 67 of the Civil Procedural Code of the Russian Federation, the court treats the evidence proceeding from its inner conviction based on comprehensive, complete, objective and direct investigation of proofs available under the case.

No evidence has a predetermined force for the court.

The court evaluates the proofs both separately and in the aggregate.

The Court takes into account the parents’ life in different states; the child's age is 2,5 years, his attachment to the mother, the social and living conditions of the child at his place of residence at the time of settlement of the dispute by the court in the Russian Federation, as well as the fact that the child has lived in Russia for two years, is Russian-speaking, will attend a preschool educational institution, which is confirmed by the claimant by presentation of a special voucher; the child has not had contacts with his father for a long time; the conclusion of the guardianship authority, as concerns setting the place of residence of the minor, finds it expedient, proceeding from the interests of the child, to set the residence of the child with the mother.

Given the circumstances established by the court, the equality of the parents in relation to the child, the court deems it necessary to set the place of residence of child born on February 2, 2012 with his mother; this way the parents will provide the most favourable conditions of raising the child, will give him greater care, parental love and warmth, as the child’s living with one parent does not mean the release of either of the parents from his rights and responsibilities in relation to the child living with the other parent.

In accordance with Art. 80 of the Family Code of the Russian Federation, the parents must support their minor children, therefore the court considers it necessary to charge child support on the Respondent to support the son born on February 2, 2012, to be paid to mother in the amount provided for by Article 81 of the Family Code of the Russian Federation, namely in the amount of 1/4 of all wages and any other income on a monthly basis, starting from the time of filing a lawsuit, in accordance with Art. 107 of the Family Code of the Russian Federation, that is, from February 19, 2014 till the child come of age.

Being guided by Art. 21 and 22, 65 of the Family Code of the Russian Federation, Art. 80, 81, 194-199 of the Civil Procedural Code of the Russian Federation, the court

JUDGED:

To satisfy in full the claim of [Name of Plaintiff] lodged vs. [Name of Defendant] requesting dissolution of marriage and setting the place of residence of the child.

The marriage between [Name of Defendant], a citizen of United States, and [Name of Plaintiff], a citizen of the Russian Federation, registered on June 19, 2010 in the state of Nevada, is hereby dissolved.

To set the place of residence of [Name of son] born on February 2, 2012 with his mother.

To collect child support from [Name of Defendant], a citizen of United States, in favour of [Name of Plaintiff], to support the minor son: [Name of son] born on February 2, 2012, in the amount of 1/4 of all wages and any other income on a monthly basis, starting from February 19, 2014, till the child comes of age.

To charge the state duty on [Name of Defendant] for collection of child support to the budget of city Izhevsk, in the amount of 200 roubles.

The judgement may be appealed against by the parties, being referred to the Mosgorsud within one month from the date of its pronouncement in the final form, via the district court.

The judgement was printed out on the computer by the judge in the decision room.

Judge – signature

Stamp:

Seal:

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