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Question

I was married a citizen of the Netherlands.

Within a year I have not received from him any money and provided our joint child and me myself. At that time I worked and received a good salary in Moscow. Now I don’t work but my former husband works, now his salary is 8500 euro a month. I know his real place of work and his income. In 2006 a magistrate in Moscow defined a volume of the alimony – 25% of his income.

However my former husband refuses to take into account the decision of the Russian court, now he sends to me small sums monthly, demands on meetings with the child and gets on everybody’s nerves – he phones with threats 20 times a day. He himself is afraid to come to the RF and demands that I should send the child to the Netherlands. The daughter and her father have not seen each other for 3 years.

How can I charge the alimony from him in a proper volume? How can I prevent an exit of the child to the Netherlands because I have got reasonable apprehensions that he can refuse to return the child back?

Is it possible for my former husband-foreigner to enforce me send our joint child (her age is 11 years old) abroad for meetings with him?

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Answer

So, I have to answer both your questions positively.

1) Sure you have the right to expect the higher level of the alimony and have the real chance to charge it;

2) Your former husband has the right to expect participation in upbringing the child and he has the right to enforce you to it juridically.

In other words, you are both right and your battle for the alimony surely will lead from his side to the battle for association with the child. In my judgement, it is not the best way to resolve any problems especially the problems where a child participates.

In my judgement, in your situation it is rational to make an agreement with him where in a bilateral order and on mutual consent you will define all sides of your interrelations. Unlike a court decision, which has to get through special proceedings for accepting it abroad, a bilateral agreement will be accepted in both countries.

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