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Here you can find answers on some questions about Russian legislation.
Your question to lawyer you can ask on page Ask Russian Lawyer On-Line.
Questions are published in order starting with most recent. Please take into account last changes in the law.
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Total questions: 358
| 2319. | Category: Family Law: adoption, guardianship | | |
We have adopted three children from Ukraine that want to return to their grandparents. We are in agreement with this. The parents lost custodial rights due to drinking. We have made contact with the grandparents who have been trying to find the children since we adopted them four years ago. How would we do this? Would we set up the grandparents as custodians or guardians? Is there another way to do this?
I have decided to try reconnecting with the paternal grandparents, who are in their mid 50's, to approach them about letting the kids live with them in Ukraine. The maternal grandmother died when the mom was 14 and the maternal grandfather never visited them in the orphanage and lived too far away. The paternal grandparents live just in Ukraine, where the kids were born.
Our adopted kids are biological siblings and have told us non-stop they miss the paternal grandparents and want to go back to Ukraine. They have even told us over and over they would run away so they could get to Ukraine, or "go to jail", so the jail would send them back to Ukraine. They obviously miss Ukraine a huge amount since being adopted 4 years ago.
Also I have found I have worsening health (Lupus) and very poor eye sight (I have had 17 eye surgeries now) and I really want these kids to be happy and safe. My health is so bad I cannot easily care for them and I cannot see. My husband works very late each day so they will need someone.
The grandparents told a translator a few weeks ago (when we asked him to find them) that these children were their ONLY grand kids and they missed them very much. I did not get to ask them about transferring guardianship or letting them "adopt" the kids, because the translator was only talking to them without me present (after I wrote letters). The translator was upset we did not want to just "visit", but to instead try letting the kids stay in Ukraine. He said it would never work out to try to give the grandparents guardianship and the kids had to wait till each reached 18 to reconnect with their family. Is this true or can we give guardianship to the grandparents?
Please let me know if you can help us. Our adopted kids are healthy and happy, but miss family in Ukraine a lot. It was very helpful to receive pictures of family a few weeks ago from Ukraine, but it has only made them more homesick for their biological family.
Let me know if we can do something to return children to Ukraine. They repeatedly said 4 years ago they did not want to be adopted and taken away from their family in Ukraine, but we did not know Russian and did not understand what they were saying. Michael of course was too young to talk, but he would rather die than be split off from his brother and sister.
Please let me know if you can help us. | | | | 2303. | Category: Family law : divorce and division of property. | | |
Hi, I am Icelander living in Norway. I am married to woman from Kharkov. Now we have a problems because mistake and misunderstandings, we have never lived together. After she was home again everything was going wrong for us and now she want divorce.
I think I must go to Ukraine and try to talk with my "still wife" eyes to eyes, but we have not talk together over one year, only few words with email. She told me she want divorce because she felt I did not want her. Something in my words or behaviour was misunderstand by her. It.s lot of things who is different between the west people and the east and can be misinterpreted and badly misleading and can make wrong conclusions and then conflicts. That has happen in our case but I am helpless, I only want she can be happy and I hope so. She did not answer my phone-calls. We have not lived together, only few weeks under same roof, so this seems to be simply. Most simply in such case is invalidate the marriage due to adultery, she told me in email, she want start new life with man in her homeland.
I am ready to pay you for help in this case, if you want further details so you can evaluate based on feminine intuition eastern European woman what best to do, or go direct to annul the marriage if it is really her wish is in your hands if the price is acceptable.
with great thanks, | | | | 2302. | Category: Family Law: termination of parental rights, rights of the child, child support. | | |
My goal is to get the divorce as soon as possible.
The custody issue will be addressed in the US, it can not be avoided.
If we included custody in St. Petersburg, Olga will simply delay and delay the process.
In the event Olga would return to Russia, that I would have zero recourse and
ability to see my daughter.
That said, I would be sure to report her to the FBI for child abduction if she ever tries to take my daughter out of the US.
This is the only compelling reason to even consider some custody order in St. Petersburg.
So, after the divorce is separated from the custody, we may want to address custody in Russia, to protect my parental rights in the event she does return. | | | | 2300. | Category: Family Law: termination of parental rights, rights of the child, child support. | | |
The theory:
You may remember the case? I had an extra marital affair with a Ukrainian woman – Olga. The result was twins, 7 years ago. Under Ua law, the twins are entitled to child support = 1/3 of the father’s salary (not sure if this is gross or net) – to 18, or to age 23 for university students. The children have birth certificates registered under my name in Ukraine. Under English law the percentage of child support is C20%, based on normal domestic settlements. Of course, the norm in Uk salary terms would mean a higher settlement than under normal Ua salary terms.
The reality:
I was born in 1950. I live with my wife and support a daughter. I have been paying Olga 1000 Euros pm which is around 23% of my salary depending on exchange rate. She has a job, and earns about E675 at current X rate. I want to support the kids – for me it’s a moral obligation – but I want an agreement within reasonable limits. I also want unrestricted access to the children, ie without the mother’s presence. We have started a conversation aimed at finding an agreement to give Olga’s children security.
My issues are:
1. Overall the agreement needs to be workable – my salary is in the UK, the children in Ukraine. I don’t want to sign an agreement which is subject to Ukrainian legal requirements.
2. I need an agreement which is reasonable – if I am sick, made unemployed, or die, the agreement needs a termination or pause clause.
3. I retire at 65 subject to changes in law. I can’t guarantee payments of this level after that point.
The agreement so far (English version) looks as attached.
I would like your advice on
1. Whether you feel I should go ahead on this basis, what are the legal risks in your view?
2. Whether an agreement should be signed at all, and then under English or Ukrainian law? Is there an alternative?
3. What kind of clause should be introduced to cover uncertainty (unemployment, sickness, death, force majeure)?
4. What is likely to happen in the case that I die, while the children are under 18? Can they claim under English law against my estate?
Could you let me know how much this would cost and how to make payment to you? | | | | 2297. | Category: Family Law: divorce proceedings, conclusion of marriage | | |
Both my wife, our child, and I reside in the US.
My wife and child are Russian citizens, registered in St. Petersburg.
They have resided in the US now for almost 1 year.
I filed for divorce in St. Petersburg in March of this year.
She recently decided to include the child custody in the Russian divorce
and also file for divorce here in WI USA.
So now the divorce in St. Petersburg has went to the district court because of
the custody issue.
Does Russia have jurisdiction over my daughter who has both US and Russian passports?
It seems to me because my daughter resides in the US for more than 6 months, that the Russian court will not have jurisdiction over her. Is this correct?
Can we separate these issues and conclude the divorce in St. Petersburg?
Also, because I filed first, do you know if the divorce proceedings in
the US can be continued with the pending Russian divorce?
My goal is to complete the divorce in St. Petersburg as soon as possible. | | | | 2241. | Category: Family Law: divorce proceedings, conclusion of marriage | | |
Can I serve my husband in another country if I start divorce in New York? | | | | 2233. | Category: Family Law: adoption, guardianship | | |
My wife is in the Ukraine with our two children. She has decided to seek divorce. We have been married since 2000. I have been unable to find a lawyer in the Ukraine. I want to make sure that she keeps her promise and she said that we will have dual custody, I will be able to travel with the children to the USA and back without her, she will not change their citizenship from Americans to Ukrainian. She only wants child support. I want to insure that this happens but I am scared that she will need me to sign a document in Russian and I told her I would not. I also want to insure that if one or both children want to stay with me in the USA that it will be permitted once they turn the proper age that they can make that call. I don't know what else I should ask for and I need help on this. My wife is already romantically and sexually involved with someone and she wants this to happen soon.
If you think there are other terms that I need to set, let me know. I will need someone that I trust that can do the translations and I want the travel documents as well so I can travel with the kids and she will need them also.
Can you help me with this? Please contact me by email as soon as possible please. | | | | 2232. | Category: Family Law: adoption, guardianship | | |
1. What paper work I need to ensure that the 2 children remain American. | | | | 2231. | Category: Family Law: adoption, guardianship | | |
2. What age can the children decide if they want to be with one parent or the other. | | | | 2230. | Category: Family Law: adoption, guardianship | | |
3. If they want to live with me, can she stop them from coming back to America to be with me. | | | | 2229. | Category: Family Law: adoption, guardianship | | |
4. Visitation rights, she will let me have them every other Winter and Summer plus when ever I can come to the Ukraine they can be with me. | | | | 2228. | Category: Family Law: adoption, guardianship | | |
5. She just wants child support. What is the minimum and maximum amount I would have to pay. | | | | 2227. | Category: Family Law: adoption, guardianship | | |
6. Can she change their last name without me saying yes? | | | | 2226. | Category: Family Law: adoption, guardianship | | |
7. Travel paper work for me or her to travel with the children unescorted by the other one. | | | | 2225. | Category: Family Law: adoption, guardianship | | |
8. Anything else you think I can ask for to ensure that the child ñare taken care of properly. | | |
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