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Contact information
Address: Pechatnikov Pereulok 22, Moscow 103045 Russia
Moscow Bar of Arbitration Lawyers
Tel. +7 495 782 3313
Fax. +7 495 6287839
info@divorceinrussia.com
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| Child custody in Russia | |
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| Child custody | 
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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.
If you have any further questions please do not hesitate to contact me via e-mail or telephone.
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Divorce in Russia
the procedure of divorce in Russia: civilian registry offices or legal procedure. Questions of jurisdiction of a Russian court. Legal issues of a divorce complicated with a 'foreign' component: spouses are citizens of two different states, spouses are living on the territory of a foreign state, or spouse have no citizenship at all.
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Alimony and child support
Russian divorce law is rather straightforward in relation to spousal and child support. In this section we look at the major issues related to child and spousal support in a divorce in Russia. Child support rates, alimony agreements.
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Spousal property division
In a Russian divorce, the basic issue governing property division is that assets purchased during the marriage become the joint property of the husband and wife and in the event of a divorce are divided equally between the two parties. It makes no difference whether one spouse did not work at all during the marriage or both spouses worked equally for the money.
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