We would like to be informed about the general questions as
1. Which court has a jurisdiction over the case of requesting a return of
a child under the Hague Convention?
2. What is the general proceedings of the court procedure of a child
return like in Russia? Especially, please let us know the time period
between the filing and a court order, which is recommended to be six weeks
under the Hague Convention.
3. If a request for return of a child is filed, what kind of defense is
available for the defendants (Taking Parents) under the implementation law
of the Hague Convention of Russia?
4. What kind of documents are necessary to initiate the court procedure
under the Hague Convention in Russia? Especially, are the original
documents required? Do you need the translation of the documents into
We would appreciate your comments to the above points.
1. Federal district court.
2, 3. If child lives with grandmother, we have good prospects to pick up this child, because parents have privileges over all other relatives.
Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction, from October 25, 1980 states that removal or retention of a child is unlawful when:
a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Breach of rights of custody mentioned in “a)” may either arise by law, judicial or administrative resolution, or as the result of a lawful, legally enforceable, contractual agreement between the parties.
According to the terms of the Treaty between our countries, one party may deny compliance with legal request of another party, if such compliance is contrary to legal principles of the country that denied the request.
In addition, there is no court order that the child must live with father.
Consequently, I do not think that the Hague Convention is applicable in this case.
Since the child is Russian citizen, child also can obtain a registration in there county of residence. For a Russian court that will determine this case’s outcome, one determining factor will be the conclusion a social agency from the district where the children resides.
Ryan has the absolute right to participate in child's life, even if child lives with his wife. Therefore you need to file new action in court of your country, and ask the judge to prohibit traveling abroad for child in future.
So, for now we can return the child only if child lives with grandmother, because the father has privilege before grandmother. But he does not have any privilege before his wife, mother of child.
Court procedure generally takes around 4-6 months.
4. Marriage certificate with legalization and Russian translation, birth certificate with apostille and Russian translation, Power of Attorney.