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Family Law: termination of parental rights, rights of the child, child support. (Russia)
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Question

My ex-husband intends to move to New Zealand for permanent residence (he doesn’t say anything to me about it and I know about it from his friends). He has got an unfulfilled obligation, i.e. alimony payments under a warrant of execution. How did he manage to obtain a passport for permanent residence abroad? In old good times he would have needed his relatives consent to departure. Furthermore, I will not be able to go abroad with my child as I will need father’s consent to minor child’s departure. What shall I do?

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Answer

According to Art. 15-17 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”, sub article 5 art. 6.1 of the Instruction approved by Order N 310 “Approval of the Instruction on issue of passports to Russian citizens for purposes of entry and exit from the Russian Federation” issued by the Ministry of Internal Affairs on 26.05.1997, a right of a Russian citizen to depart from the Russian Federation can be temporarily limited in case he/she avoids fulfillment of obligations imposed on him/her by court (in this case – alimony payments) until complete fulfillment of obligations or unless the parties reach an agreement. Relatives’ consent is not provided for by the Russian Law. However you will be able to exit and enter the Russian Federation without father’s consent. Basis: Art. 20, 21 of the Law of the Russian Federation № 114-ФЗ dated August 15, 1996 “Procedure of entry and exit from the Russian Federation”.

New Zealand visa granting procedure is regulated by the laws of New Zealand. You should find out in the New Zealand Consulate whether unfulfilled obligations are a basis for visa denial.

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