My husband was previously married and has a minor child. 5 years ago he got divorced. He effected alimony payments. 3 years ago his parental rights were terminated as his ex-wife had an intention to live abroad together with the child. An alimony execution order was withdrawn by her. She’s been living in Austria for two years; she is married to an Austrian and obtained Austrian citizenship. To all appearances the child was adopted. But recently my husband received a notice that he shall effect alimony payments from October 2006. As it turned out, prior to withdrawal of the alimony execution order his ex-wife issued a notarized power of attorney to her mother empowering the latter to require alimony payments, and her mother did so (it was done a week prior to expiry of the power of attorney). I would like to know whether a minor child (a citizen of the Russian Federation) can live in the territory of Austria during 2 years without being adopted? And in case the child was adopted, shall my husband effect alimony payments?
Termination of parental rights doesn’t dispense from alimony payments. According to Art. 71 part 2 of the Family Code of the Russian Federation termination of parental rights doesn’t dispense parents from their obligation to support their child. Conclusion of a marriage between the mother and a foreigner doesn’t oblige the latter to adopt her child. A child can be adopted in accordance with the procedure established by the law on the basis of a written application of a person desiring to adopt the child (Art. 125 of Family Code of the Russian Federation); it is a right but not an obligation of a person. I assume that the child has the same immigration status as his/her mother does and requirement of the alimony payment is lawful. In case the child was adopted alimony obligations shall be terminated on the date of adoption but not prior to that date. It is not a concern to issue a new power of attorney in the territory of Austria. Such power of attorney shall be legalized in accordance with Art. 4 of the Hague Convention of October 05, 1961 in order to be valid in the territory of the Russian Federation.