Notion of Custody according to the Russian Law
The mother is the legal representative of her son. In accordance with Art. 52 Code of Civil Procedure of the Russian Federation, Articles 26, 28 of the Civil Code of the Russian Federation, Chapter 12 of the Family Code of the Russian Federation, she has all rights to make any decisions with respect to her child without the permission of the father or any guardianship authorities. De facto it means that she has Sole Legal Custody over her child.
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Paternity of Russian child
I, KARINA DUVALL, attorney, of Saint Petersburg, Russian Federation, affirm that:
1. I am an attorney admitted to practice law in the Russian Federation in 1999. I have over 15 years of high-level experience in the Matrimonial, Family and Civil Law of the Russian Federation as well as in International Law.
2. I am also licensed by the Appellate Division, Second Judicial Department of the Supreme Court of the State of New York as a legal consultant on Russian law, 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 New York State Court of Appeals, and in accordance with the Rules of the Appellate Division, Second Judicial Department.
3. I am often called upon to testify in United States and Canadian courts as an expert on Russian law. Documents evidencing my right to practice law in the Russian Federation and New York are attached. My clients are individuals of all nations who need expertise in Russian law. I specialize in Family and International Private Law and my area of expertise is complex multi-jurisdictional family and matrimonial cases.
4. I am the respondent’s attorney in Russia, and as such have personal knowledge of the facts hereinafter deposed to except where those facts are stated to be based on information and belief, in which case I verily believe the same to be true.
5. I was retained by father as his attorney in Russia. The father explained how a recent DNA test was done in Germany and a child, a Russian National, was confirmed to be his child. The father explained how he was now seeking his parental rights to his child through a court order as amicable discussions with the mother of his child, had failed on many attempts. I reviewed all documentation and confirmed that the first step required would be to obtain a court order to have his name put on the child's birth certificate.
6. On December 2017, prior to submitting anything to the St. Petersburg courts and as an...
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Incorrected service is a reason to vacate the court order.
The orders which was made by the British court clearly contradict the public order of the Russian Federation and international law in general (in particular, they come into gross contradiction with the Hague Convention of 1965), since the party against which the order was taken was deprived of the opportunity to know about the hearing, to appear to the court, and to defense her own rights and rights of her daughter.
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Declaration of Karina Duvall
I, Karina Duvall, if called upon to do so, could and would testify competently to the facts set forth herein as these facts are within my personal knowledge.
1. I am an attorney and Member in Good Standing of the bar of St. Petersburg, Russian Federation. I have 17 years of experience in the practice of Matrimonial, Family and Custody Law of the Russian Federation. My registration number in Russian Bar is 78/857.
2. I am licensed by the Appellate Division, Second Judicial Department of the Supreme Court of the State of New York as a legal consultant on Russian law, 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 New York State Court of Appeals, and in accordance with the Rules of the Appellate Division, Second Judicial Department.
3. I also have been designated as a Foreign Legal Consultant, pursuant to Rule XI, Section 8 of the Supreme Court Rules for the Government of the Bar of Ohio. Accordingly, I may render legal services in Ohio to the extent authorized by Rule XI. My registration number in Ohio Bar is 91893.
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. Since under the Russian Law, a divorce can be bifurcated and equitable distribution can be pursued before, during, and after a divorce, many couples opt for a quicker and simpler procedure and get divorced by a Peace Justice.
In this particular case, the Plaintiff may commence a property division/equitable distribution action before the Municipal Court, however, she would not be able to seek equitable distribution of any property that is not located in Russia (pursuant to Art. 30 of Russian Civil Procedural Code. Since marital property is located in the United States, the Plaintiff would not be able to obtain any relief in Russia against her husband, who is not even subject to jurisdiction in Russia, and Russia has no information about his assets in the United States. Since there is no treaty between US and Russia, Russia would not seek or pursue any discovery into his assets in the US.
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