LEGAL ASSISTANCE AND REPRESENTATION IN RUSSIAN COURTS

HOLISTIC SOLUTION OF FAMILY SITUATIONS



Divorce

Spouses experiencing a marital crisis, pass through a number of stages, and legal ending of their marriage is the last one. In Russia divorce rate is very high, more than 50 % of marriages ended in divorce in 2018. The legislative choice turns on the aim to  not dramatize divorce which is just an answer, although a radical one, to a marital crisis.


Parental Disputes on Family Breakdown

On family breakdown, disputes often arise in respect of a child’s custody and contact rights. The Russian family law does not know the term “custody” relating to children; instead, the term “parental rigths and duties” was adopted to reflect the idea that both parents are equal in this regard and that parental rigths and duties can not be surrendered or transfered to a third person.


The European Court of Human Rights is no longer a venue for Russian citizens

The 16th of March Russia ceased to be the member of the Council of Europe


International Adoption​ in Russia

International adoption in Russia is subject to strict requirements. Russia is not a party to the Hague Convention on Inter-Country Adoption 1993. According to the statistics provided by the Supreme Court, there had been 336 international adoption cases in 2017, in 54,8% applicants were from Italy, in 15% of cases applicants were from Spain, and 5,1% were from France, as there are bilateral agreements with these countries.


International Child Abduction

Child abduction is a widespread problem resulting from the growth in international marriages. The site of the Hague Conference on Private International Law www.hcch.net contains a special section about the Hague Convention on the Civil Aspects of International Child Abduction and relating materials such as bibliography, Guides to Good Practice in pdf versions and contact information on Central Authorities of each participating country.


Child  Maintenance

All parents, whether married or not, have a duty to provide financial maintenance to their children. ​There is no agency involvement in the collection and payment of child maintenance in Russia, the parent is to apply to court. Russia is not a party to the Hague Convention 2007.A number of bilateral agreements on mutual legal assistance contain provisions on alimony, and depending on a situation may allow alimony claims in another country.


The Interplay between Family Law,Succession Law and Private International Law

Marriage and family life entails acquisition of property by spouses, use of property and subsequent disposition. The growing number of transnational families and the new forms of socially recognized affective and personal relationships give rise to legislative modifications varying in different countries.
Rules governing the succession are closely linked with family relations.


Interpol and International Child Abduction

Interpol is the international organisation that facilitates international police cooperation with a global membership of 194 countries. To share critical crime-related information Interpol uses a system of international Notices.
A parent abductor may face the Red Notice issued in his/her regard, and/or Yellow Notice issued in a child’s regard.

About me

My name is Daria Borminskaya, and I’m a lawyer specializing in  family law, property law  and private international law area. If your  situation  concerns   marriage, marriage property, registered partnership, dissolution of marriage,  custody of children, visitation rights, child abduction,  adoption,  recognition of foreign judgment in Russia, inheritance,  etc.,  I would be glad to be of assistance to you.

My articles

 

                                                                International dimension of family law

contact information

+7 977 366-13-76

familylawyer.expert@gmail.com

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