International Family Law Attorney in Russia

Russia is known for its lenient divorce laws. Russian family law views marriage as a voluntary union between a man and a woman, so separation is optional, and divorce can be obtained quickly and with minimal expense.

For this reason, if one spouse is a Russian citizen, they can file for divorce in a Russian court. In this case, the foreign citizen will need legal support to protect their marital and parental rights in Russia and then obtain legal documents to legalize the divorce in their home country.

Russian family law is flexible regarding divorce matters. The law distinguishes between marital relations, parent-child relations, and property relations between spouses. This allows you to divorce in Russia and settle parent-child and property relations in another jurisdiction, if permitted by your country’s laws, or, conversely, divorce in your home country and settle parent-child and property relations in Russia.

Attorney Oleg Akinin’s team will ensure a controlled divorce process in Russia to prevent any abuse by your former partner. Your attorney will discuss your options with you and listen to your needs. Our lawyers will provide you with a realistic picture of your future, inform you of your rights, and understand your priorities.

As a result of a family conflict, your partner may runaway to Russia with your child. If your spouse and child move without your consent, the child’s removal is considered international abduction.

Russia has accepted international obligations under the Hague Convention on the Civil Aspects of International Child Abduction. However, authorities do not automatically act to return an abducted child or restore access rights. To do so, the abandoned parent must file an application with the Central Authority of their home country or initiate proceedings in a Russian court.

Our team of family lawyers is ready to assist parents whose children have been abducted and are currently in Russia. We help return children to their place of habitual residence and restore contact rights to the abandoned parent residing in another country. For 15 years, our lawyers, led by Oleg Akinin, have been involved in court cases in Russia initiated under the Hague Convention of October 25, 1980. Our experience includes high-profile, public cases of international child abduction, such as Di Salvio Luigi vs. Di Salvio Daria, and others.

We can act on your behalf before the Russian Central Authority, the court, the Bailiff Service, and the Commission on Minors’ Affairs to restore access rights or return a child to their country of habitual residence.

The Convention on the Rights of the Child guarantees children the right to know and be cared for by their parents, as well as the right of children not to be separated from their parents against their will.

If one parent removes a child from their home country against the will of the other parent, legal procedures will be required to restore the child’s lost connection with the abandoned parent and ensure their participation in the child’s life.

International treaties to which Russia has acceded and domestic family legislation allow an abandoned parent to restore access or custody rights to their child, regardless of their citizenship or place of residence.

Child custody refers to the arrangements made for the care of children after a divorce. This includes where the child should live, who will make decisions regarding the child’s day-to-day care, and how much time the child should spend with each parent.

Rights of access include the right to take the child to a place other than their permanent residence for a limited period of time, as well as the right to maintain personal relationships and direct contact with the parent living in another country on a regular basis, except in exceptional circumstances.

We understand that child custody issues require careful and sensitive handling, especially when the case involves cross-border matters. Our experienced child custody lawyers are experts in helping parents carefully navigate the legal and practical implications of how parents will care for their child while living in different countries.

We have extensive experience in international family law and can provide legal assistance in restoring custody and access rights for your child living in Russia if your rights and the rights of your child have been violated. Protection of violated custody and access rights can be achieved through administrative, judicial, and mediation procedures. Our lawyers will delve into the situation and find a practical solution for a parent living outside of Russia.

After a divorce, parents are responsible for the child and their financial support. Russia, as a state party to the Convention on the Rights of the Child, has committed to ensuring the restoration of child support by parents, both within Russia and abroad. If the child lives in Russia, child support obligations are determined by Russian family law. The parent who has assumed primary care of the child has the right to demand child support from the other parent. If an agreement is not reached between the parents, the amount and payment procedure are determined by the court.

You may need legal counsel and representation to ensure the court determines a fair child support amount that reflects the required level of financial support for a child in Russia. Child support amounts depend on the child’s region of residence, the child’s needs, and the income levels of both parents. The court may also consider any relevant family and life circumstances of the parent obligated to pay child support.

Oleg Akinin’s team of family lawyers is an expert in child support matters. We can advise you on the best course of action and help you reach a fair and legally sound agreement or court decision. To learn more, please contact us, and we will be happy to assist you with any assistance you may need.

Mediation in a family dispute involving a cross-border element is when you and your partner meet with a lawyer acting as a mediator to discuss any aspects of your case that you cannot agree on, including child custody and access. Mediation in a family dispute involving a cross-border element is a more flexible process compared to litigation, which has strict rules regarding process and deadlines. Mediation can tailor the family dispute resolution process to your needs more effectively, unlike litigation, where decisions are made by a judge who is removed from the details of your family life.

Our lawyer will discuss the process with you so you understand how it works. They will then contact your partner and conduct a similar discussion with them. Mediation allows you to control the process; you cannot be forced to agree to anything, and you can stop the process or session whenever you wish. If your partner refuses to participate in the discussion or tells us they are unwilling to compromise, we can sign a statement on your behalf to initiate legal proceedings. This allows you to make proposals, discuss options, and propose compromises.

If you reach an agreement with the other party, our lawyers will explain how this agreement can be legally binding. Under Russian family law, an agreement can be reached in court or without resorting to court proceedings – in either case, it will be legally binding. The agreement may address issues of child custody, access rights, and child support obligations. If your partner fails to comply with the agreement, our lawyer will advise on how to enforce the agreement or review it in court.