Dear Karina
As you know, we have an order by the Family Court that I have joint custody of the child with care and control to him. This means that the Court has ordered that the child will be cared for by me and to reside with me. The Family Court also ordered that the child will be returned to me.
Are there any legal measures under the civil or family law in Russia that may afford me similar orders in Russia? Can such orders similar or the same orders be made In Russia under the divorce regime?
I note also that you may be considering a criminal action in Russia against my wife. A criminal action here is not possible as the child is out of country and her act in taking the child away surreptitiously may not attract criminal sanctions here as it is likely that the authorities will see the same as a “domestic issue” to be issued by divorce proceedings or guardianship proceedings.
Will be grateful for your thoughts and comments.
The Russian Federation has only one option to enforce foreign court order. It is possible according to the international agreement between countries, i.e. Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
No, we cannot consider criminal action against your wife in Russia, because her actions are not a crime in Russia. However, if you will find way to open criminal case, the Interpol will help you. I know many stories when Russian mothers were stopped on the border. It will be big problem to your wife to live in the Russian Federation only, without any options for travel.
According to the Russian Family Law, during divorce procedure, we can resolve custody, visitations, child support, spousal support issues, and division of marital property. The enforcement procedure will be considered absolutely separately.
