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

I have contacted you in the past with regards to visit my child in Russia however since then my wife came to live with me in U.S. as I managed to get them both back in U.S. I made an American Passport for my daughter.

Due to the work, I went back to England in search of work I then discovered my wife had left my parents home and took my child out of my country back to Russia I am totally devastated and a loss as what to do I did everything within my power and so did my family to make a happy and secure family but this was never enough I have been threatened today on the phone by a man with her sister if i didn't make what her sister wanted I will be harmed this has mad me extremely worried in case i go to visit my child in case some harm will come to me all i need to do is visit my child in peace and be allowed my right as her father to have regular contact either by phone or webcam in between visits I think there maybe a problem with the mother as she is very controlling and in the past has only been interested in me sending money and what i have sent is never enough i would appreciate your advise and how you could help me in this matter.

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Answer

The procedure of communication with the child may be established after dissolution of the marriage. As your wife is a citizen of the Russian Federation and resides in Russia, you are entitled to dissolve the marriage in accordance with the laws of the Russian Federation. It will be better for you to come to an agreement with your wife in the course of dissolution of the marriage and sign an agreement that will regulate the procedure of communication with the child. According to Art. 24 of the Family Code of the Russian Federation, if spouses dissolve the marriage in a judicial proceeding, they may submit an agreement that regulates division of assets and custody and child support matters to the court. If you come to an agreement on these matters, the court will approve such agreement by your request.

If the spouses fail to enter into the abovementioned agreement, the court (by request of either spouse) shall:

 determine who will be the custodial parent;

 determine which of the parents will pay child support and fix the amount of such child support.

You may initiate a separate action for determination of the procedure of communication with the child (independent of the action for divorce). By your request the court will establish the procedure of communications between you and the child during your visits to the Russian Federation and outside the Russian Federation. You situation is not unique, there is an extensive court practice on these matters in Russia. You are entitled to communicate with your child at least once a week on the phone or via Skype or e-mail.

But it should be noted that it is quite unlikely that the court will allow you meeting the child outside the Russian Federation. That is due to the risk of you abducting the child, in which case it will be either difficult or impossible to bring the child back to the Russian Federation. Nevertheless, an agreement between you and your wife may contain any provisions including provisions allowing meetings abroad.

Could you please let me know in which city/town your wife stays? I conduct such cases and will be happy to assist you. My average fee is XXXX. To start working on your case I’ll need a power of attorney authorizing me to represent you in courts of the Russian Federation, the marriage certificate and the child’s birth certificate. Please send me copies of these documents.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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