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Loafer
27-12-2003, 19:02
Hello:

My Russian wife has abducted our 2-year-old from my Russian grandparents, whom we have been visiting. I'm a US citizen, so is my son, who was born in La Jolla. My wife claims she has filed for divorce in a Russian court and I am supposed to get subpoenaed. She refuses to let me see our son till the court's hearing and refused to return to the US for the divorce proceeding there. Has anyone experienced anything similar and is there a chance of winning the custody of the child in Russia for a dad (by the way, I was his primary care provider for the whole first two years of his life, working from home in the US)? What will happen if I take my son back to America after the unfavorable court decision to get another (less gender biased) custody hearing in the US? If anyone can help me with any suggestion please, please do so at Dimitri_Chap@hotmail.com. Or just call my parents (ask for me, if I'm there) (095) 521-1574.

Thank you all.

jules
29-12-2003, 11:48
My advice - get a lawyer, fast! Gowlings (www.gowlings.com) comes to mind, they have an international staff.

Good luck - that's a nasty situation.

J.D.
29-12-2003, 12:18
File for custody in a U.S. court, quickly.

DaveUKagain
29-12-2003, 12:26
I can`t remember what the international treaty`s called, but your wife is in breach of it..... there`s some major international treaty which covers this. And your wife is definitely on the wrong side of the law and this`ll be noted by a US court.

Friend of my brothers` got divorced in the US - he`s English, married an American girl who -- amazingly - decided she couldn`t be bothered keeping her son as she was interfering with her career development. Brothers` friend had to be ultra careful when applying for a visa to bring his son back to the UK even on holiday in case a charge of "child kidnap" was brought against him by his wife - just to get an advantage in the forthcoming divorce case.

A really nasty situation. I`d contact the US Embassy and say that a US citizen is being held in a foreign country and take it from there. I think you`ll find they`ll be helpful. Good luck and - hope it`ll work out fine.

Sadie
29-12-2003, 12:32
She has done NOTHING against the Russian law, and this is NOT kidnaping.

As for the US court, who cares about the US courts' decisions on kids custody on the territoty of the RF and vice versa? There're no agreement between our countries on that matter.

J.D.
29-12-2003, 12:36
So Sadie, would you suggest that he go get a few large friends and just 'not' kidnap him right back?

DaveUKagain
29-12-2003, 12:37
Child`s a US citizen and has rights in the US, Sadie. International law, two systems, remember ? The US Embassy may take something of a different view about what the law is where US citizens are involved or not. The child doesn`t have a Russian passport, that`s for sure.

What`s the Russian law about non citizens residing in Russia past visa expiry date ?

DaveUKagain
29-12-2003, 12:44
http://ri.essortment.com/internationalch_rrml.htm

International child custody rights and battles

Sadie
29-12-2003, 12:49
I have already suggested what I considered to be appropriate in this kind of situations, and, yes, it's close to your guess, JD. The other posibility is a litigation, that can take many months or even years.
I remember the International Private Law, Dave, thank you for reminding, as well as I know the Family Law very well as you may guess. And I am telling you once again, she hasn't broken the law. If you don't agree - tell me what norm exactly in your opinion is broken. There is general definion of unjust deeds and trespasses. I believe there exists a difference btween them. Though I admit she might has done that against the Am. law, and I believe she did, but she is currently here and perhaps чихать на него хотела.

J.D.
29-12-2003, 12:54
I not only do not know the law here I also do not exactly what she did to take this boy. I also do not know if she did a bad or a good thing. Maybe this guy is real monster and she saved this baby. Generally I think its best to let someone qualified to see all the facts, the court usually, and let them decide. I only advocate 'hostage recovery' when I know the facts.

Loafer
29-12-2003, 13:13
...She just never loved me. She wanted to have an abortion and I didn't let her. (Sorry, kind of violence, but HE was MY BABY too)I tried hard to convince her that family is the best environment for our son. She just made troubles for me. When we came to Russia she had planned her escape and split. My parents hate her. Everybody I know tell me I was an idiot to marry her in the first place and now it's a blessing that she's out. But I loved her and was blind. And I love me two-year-old boy more than anybody or anything else in this world. I don't want to fight with her or bad-mouth her - she's the mother of my son. But I am VERY dissappointed!!!

Thanks y'all.

William_Bowers
03-01-2004, 06:16
I have a great idea? ask the US EMBASSY FOR ADVICE THEY CAN USUALLY HELP IN THESE KIND OF SITUATIONS

William_Bowers
03-01-2004, 07:40
Every year in Canada, thousands of divorced and separated fathers lose their children, their homes, their life savings and their future incomes!




Who Gets The Children ?
The Mothers. (only 98% of the Time)



What Do The Fathers Get?
Life Long Confiscation of Income, Unenforceable Court Visitation Orders, and an Increased Risk of Severe Depression, Alcoholism and Suicide.



Who Gets The Money?
Lawyers, Mediators, Assessors, Social Workers, Real Estate Agents, Mothers, and the Children. (if there is any money left)



What Do You Call a Divorced Father Who Has Lost Everything?
A Deadbeat Dad!





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The Destruction of Divorced Fathers Must Be Stopped!
Created by Dave Foster and dedicated to my daughter Ashley, whom I haven't seen in 5 years; Thanks to Judge David Robert Main.