If the mother has custody, does the father have any rights to prevent Russian mother from leaving country with child?

My nephew is 3 yrs old. S parents recently divorced last Fall. Now the mother, who is from Russia, is threatening to take him back to Russia with her, so that he will never ever see his father again.

The mother has full custody, and the father has full visitation rights but no custody. Is there anything we can do to prevent her from kidnapping him forever? Please help!

Asked by petzlcorax 43 months ago Similar questions: mother custody father rights prevent Russian leaving country child Politics & Law > Law.

Similar questions: mother custody father rights prevent Russian leaving country child.

Check out the custody agreement It should be in the custody agreement that the child cannot be taken out of state without the permission of the court. However people break court orders all the time and she might illegally take the child away if she were angry enough, But would she? Things in Russia are very tough, that’s why there are so many Russian immigrants in the US, So it sounds like an angry threat.

What are they arguing about? Is he paying his child support on time? Is he sticking his nose in her business?

Is he flaunting a girlfriend in front of her? The secret to a civil divorce and ensuing childrearing is to stop fighting. I had a relationship with someone from another country and most of his family was still there.

When we divorced most of his friends were connected to me and my family. He paid child support sporadically. Many times I had to take my daughter to visit him on public transportation because he didn't feel like driving 30 miles to pick her up.

When he did transport her he was often hours late leaving me pictures of him taking her away. I bit my tongue so many times, but I wouldn't fight with him. After a couple of years he met a nice woman, married her and brought his family over.

We became cordial and when he became very ill, his family asked me to visit and they included me with the family at his funeral. The marriage is over and the door should be closed on old issues. She will calm down eventually as long as he won't let the anger escalate.

If she did something stupid, she would never be able to come back to the US or live in any European countries. She might even lose the child if she took him to Russia because their courts are being reasonable in these cases. Check the custody agreement and if the clause about taking the child too far from home isn't there-go back to family court.

BTW if he is trying to play around with the support by not giving the mother money and just buying clothes and gifts, he needs to be spanked. That is really a bad thing and will set her off as she is paying for food, housing and childcare all on her own. In that case she may feel she would be better off in Russia.

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It's a difficult case since she is threatening already. You contact Divorce in Russia lawyers at Tel. +7 495 782 3313."Child custody in Russia When parents take a decision to separate the question arises on who their child(ren) should remain with.

This is always a difficult moment for a parent. If the spouses are of different nationalities this can lead to a situation where one of the parents and the child live in different countries. The best option to resolve the issue is for the mother and father to maintain a cordial relationship and work out an agreement.

The main goal of every parent should be to avoid psychological trauma to the child and not allow a situation where a child becomes a pawn in their conflict. In my experience, parents sometimes put their own needs/arguments above the child's and this is where the situation becomes difficult.As a result, one of the main roles of a family lawyer in a divorce case is to operate as an intermediary in negotiations (as well as providing legal assistance) between the two sides, to understand the psychology of the conflict and seek to forge a compromise that satisfies all parties and protects the children. If parents consider an oral agreement insufficient, Russian Family Law allows for a written agreement to be concluded on custody and visitation issues.

Having said that, even a written agreement certified by a notary does not have the legal status required to trigger enforcement if one of the parties reneges.To give an agreement legal status, I recommend clients come to such an agreement within the framework of the court process, which in turn will give it legally enforceable status. In the worst case scenario, the parties are unable to agree and a decision on who the child lives with and what the visitation rights will be for the second parent comes down to a judge. The Russian legal system typically views the best option for a child as remaining with their mother, especially for an underage child who is unable to express their opinion on the matter before a court.

That aside, the key factors determining a court's decision on the child's place of residence are: age, need for close care, each parent's ability to provide such care, living conditions, the ability to provide accommodation, the existing order of the child's upbringing and, in the end, the child's affection towards each parent. From the age of 10 a child's opinion must be taken into account when the issue of custody is being decided and, as a rule, is a key factor in a judge's final decision. Illness, handicap and anti-social or aggressive behavior that could negatively impact the physical or psychological development of a child are potential grounds for a court to reject a custody request by a parent.

I am regularly asked whether the different citizenships of parents has any bearing on a custody case. My answer is no. Russian law provides for children emigrating or living in a foreign country if it is believed to be in the child's best interests.In contrast to many countries, in Russia a court rarely gives joint custody over a child (i.e.

The child dividing their time equally between both parents). In general, custody is given to the mother. The second parent retains the right to visit the child, take them on weekends and vacation together; a court sets the exact schedule for visitations.

In doing so, the judge takes into account the parents' work schedules, the child's schooling and/or other commitments, the child's health and any doctors' recommendations. "Contact informationAddress: Pechatnikov Pereulok 22, Moscow 103045 RussiaMoscow Bar of Arbitration LawyersTel. +7 495 782 3313Fax.

+7 495 6287839info@divorceinrussia. Com Sources: http://www.divorceinrussia.com/custody .

The sad fact is, while the law prevents her from doing this, she certainly can, and the father will have no recourse. The father can bring the allegation up in divorce court, but short of the judge pulling the mother's passport to keep her in the country (and I do not know if this is possible) I do not think anything else can happen. Schelli's Recommendations Divorce For Dummies (For Dummies (Psychology & Self Help)) Amazon List Price: $19.99 Used from: $3.00 Average Customer Rating: 4.0 out of 5 (based on 5 reviews) .

2 how horrible! I would think that the divorce agreement would state wether the child can be taken out of state/country.... does the child already have a passport? Can he fight for custody since she is threatening to take the son away for good and therefore breaking the visitation agreement?

How horrible! I would think that the divorce agreement would state wether the child can be taken out of state/country.... does the child already have a passport? Can he fight for custody since she is threatening to take the son away for good and therefore breaking the visitation agreement?

4 During mediation it was agreed that they would hold the child's passport at the courthouse and that it would require the signature of both parents to take it to use it. But, she has found a loophole -- she just filed to have the passport replaced (as if it had been lost) and has managed to get a new one. As far as we know, there is nothing stopping her from flying out of the country at this point.

If she makes it to Russia, we would have to be able to locate her and the child first, in order to even take them to Russian court. If we don't find a way to settle it in the US, our options are nil to none.

During mediation it was agreed that they would hold the child's passport at the courthouse and that it would require the signature of both parents to take it to use it. But, she has found a loophole -- she just filed to have the passport replaced (as if it had been lost) and has managed to get a new one. As far as we know, there is nothing stopping her from flying out of the country at this point.

If she makes it to Russia, we would have to be able to locate her and the child first, in order to even take them to Russian court. If we don't find a way to settle it in the US, our options are nil to none.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.