Disputes about child's residence - Convention between countries

In our practice sometimes arise questions of cognizance of cases of disputes between courts of the different countries over cases of the residence of the child and In particular between United Kingdom and Russia.

Let's clear a situation:
First, there is a civil procedural code of Russia according to which:
If the foreign court already passed the decision, Russian court refuses acceptance of the lawsuit or stops proceedings (p.1 Art. 406 of the procedural code of the Russian Federation).

Secondly: In a case when proceedings in foreign court are only initiated, Russian court returns the lawsuit or leaves it without consideration (the p. 2 of Art. 406 of the procedural code of Russian Federation).

In both cases it is necessary that the judicial act of foreign court was subject for recognition and execution in Russia.

So, on October 19, 1996 in the Hague the Convention on jurisdiction, applicable law, recognition, execution and cooperation concerning parent responsibility and measures for protection of children which Contracting parties, among other things, are the Russian Federation and the United Kingdom of Great Britain and Northern Ireland is signed.

The Convention is ratified by the Russian Federation on August 20, 2012 and took legal effect on June 1, 2013.

The Convention is ratified by the United Kingdom of Great Britain and Northern Ireland on July 27, 2012 and took legal effect on November 1, 2012.

Owing to article 1 of the Convention its purposes is, including, determination of the state which bodies possess jurisdiction on taking measures, directed to protection of the personality or property of the child; ensuring recognition and execution of such measures of protection in all Contracting states.

Owing to article 5 of the Convention judicial or administrative authorities of the Contracting state of the place of ordinary residence of the child possess jurisdiction to take the measures directed to protection of the personality or property of the child.

Thus, the general rule is the principle of the first parent who took legal action, but this location has to be chosen, at the place of residence of the child.

If you had a similar dispute, you can address us for protection of the rights of your child.

Good Luck

Lawyer Tarasenko Vasiliy
Tel: +7 909 961-19-09
Email: legalsolutions@inbox.ru
Visit us: Moscow, Zubovskiy bulvar, building 4, room 308