It was nice speaking with you Karina. I understand you speak Russian and are familiar with Russian Family Law. I am will to pay for your legal advice concerning a Russian Family Law matter. We are represented by an attorney in Russia, who is willing to proceed with the case, but we wanted to seek a second opinion before proceeding.
My wife and her son emigrated to the United States from Russia and obtained their green cards, after we were married about a year ago. We recently discovered that the Russian father to her son (whom I understand apparently still has 50% paternal rights?) sued my wife in court and won a decision regarding an apartment dispute stemming from their marriage together (now divorced). The judgment was for approximately $XXX US for back-payments for this apartment she had signed on. The Russian father has never paid child support payments and it was my wife’s idea to take him to court to counter-sue, this time for child support. We have gathered the supporting documents for this was suit and they are in transit at this time to Russia.
Am I correct that the Russian father could have the ability (in my understanding) to disrupt travel to and from Russia for my wife and child, in retaliation to the counter-suit (indicating he does not allow her travel out of Russia)?
What are the potential repercussions of taking these counter-suit measures? I know that in America, the father can (at least if complying with child support) is subject to rights regarding visitation. Does this apply to Russian law as well? In other words, would there be demands regarding visitation rights (or even that she would be required to live with him part of the time)?
We just don’t want to get into a situation where we would be required to significantly alter our lifestyle as a family, as a potential repercussion.
First, I am recommending to you appeal the decision which orders to her to pay beck to her ex-husband any money. If your wife did not was involved to the case, she has very high chances to win her appeal.
If you want to get any child support, you have to understand side effects of this action:
1) if he doesn't have permanent job and official income, you have a risk just to waste time;
2) yes, he can make a ban for his child to leave Russia;
3) he also has rights for visitations.
I do not recommend to your wife to travel to Russia with child, because her ex-husband can stop her in Russia with or without special reasons. I strictly recommend to you to make appeal instead of opening of new cases which can have adverse effects for your wife.
If you want, please send me a copy of court order to review.
However, if her ex-husband has high income, please let her to make him to pay child support.
I will be glad to handle your case, if needed. But it will be good idea to refrain from taking the child to the Russian Federation.