It is a legal opinion of Karina Duvall with answer for common question on how to immigrate to the United States with a minor child without the father’s consent

It is a legal opinion of Karina Duvall with answer for common question on how to travel to the United States with a minor child without the father’s consent.

1. The mother [her name keeps in secret] and the father [his name keeps in secret] are parents of minor Child 1.

2. The parties were divorced. The father opened divorce action against the mother, and the mother filed counter-claim for child support against the father. Both parties agreed for requirements of each other, in particular, the father acknowledged child support claim, i.e. he acknowledged the fact that the mother is custodian parent.

3. According to the registration documents, Child 1 lives with the mother from day of her birth by now. Every time when the mother changes her place of residence, Child 1 is following her.

4. In addition, recently the mother registered new marriage with US citizen [his name keeps in secret].

5. The mother and her new husband are parents of Child 2.

6. Consequently, Child 2 and Child 2 are siblings and lives together.

7. I would like to emphasize the importance of maintaining sibling ties. Sibling relationships validate the child’s fundamental worth as a human being.

"Siblings with existing bonds should in principle not be separated unless there is a clear risk of abuse or other justification in the best interests of the child. In any case, every effort should be made to enable siblings to maintain contact with each other, unless this is against their wishes and feelings"

(United Nations General Assembly, Resolution: 64/142)

8. Article 20 of the Federal Act "The Procedure for departure from the Russian Federation and arriving into the Russian Federation» № 114-FZ dated on August 15, 1996 (Act), in general, a minor child, who are citizen of the Russian Federation, leaves the Russian Federation together with one of parent. This means that mother is free to take the child abroad.

9. At the same time, Article 21 of the Act provides that either parent can prevent the child's departure from the Russian Federation by submitting a statement of disagreement, without specifying the reasons for the disagreement. According to the Boarding authorities of the Russian Federation, Child 1 is free for traveling.

Thus, the mother exercises full rights to the Child 1. The Mother makes key decisions about the daughter and provides her housing and care. Actually, the Mother has sole custody over Child 1. She is acting precisely in the best interest of both children; she is compelled to relocate due to her marriage with American citizen and acts in behalf of both children, who cannot be separated.