We defended the rights of a British citizen in a child visitation order dispute

INPUT DATA:

CUSTOMER:

Great Britain citizen, father of a 6 year old child. The child lives in the Moscow region.

GOAL:

1) To avoid the alimony recovery in the amount of 70,000 rubles.

The child's mother, Russian citizen, filed a lawsuit to recover alimony from the child's father in the amount of almost 70,000 rubles monthly, to dissolve marriage and to determine the child’s place of residence with his mother.

The mother’s position was based on the fact that during the period of marriage, the husband regularly transferred a large amount of money to her – from 100,000 to 1,500,000 rubles. Summing up this amount and dividing it monthly, it turned out that every month the spouse received 80,000 rubles from her husband. At the same time, the minimum subsistence level for a minor child in the Moscow Region is 13,531 rubles.

The wife called these transfers alimony and, using the provisions of paragraph 2 of Art. 83 of the Family Code, asked to maintain the previous level of material support for the child, collecting alimony in the amount of 70,000 rubles a month.

Our Principal categorically disagreed with this, since he transferred these funds to his wife to have a common residential house constructed.

Due to the fact that the Principal was often in Great Britain and could not personally control the construction of the house, he transferred funds for the construction to his wife, who paid for the work of the builders.

For this reason, our Principal was strongly opposed to let collect alimony from him in such an amount and wanted to reduce the amount of alimony to that required by law.

2) To establish a parenting time for the father and the minor child

In addition, when the wife found out that our Principal did not agree to pay the amount demanded by her, she began to prevent communication between the father and the child. The wife did not allow the father to see and communicate with the child to make the Principal agree to pay 70,000 rubles a month.

In this regard, a second task arose to determine a parenting time for the father and the minor child until he comes of age and to eliminate the mother's obstacles in communicating with the child.

SOLUTION:

In response to the mother’s statement of claim for recovering alimony, determining the place of residence of the child and the dissolving the marriage, our lawyers drafted and filed a counterclaim to determine the visitation order for the minor child and his father, as well as objections regarding the amount of alimony to be collected.

We asked the court to request a detailed report on the funds transfer from the Principal's account to his spouse's account.

Having studied the information, we found out that most of the money was spent by the spouse for purposes not related to raising a child, such as: paying fines, transfers to other individuals, paying for cafes and restaurants, cash withdrawals.

This both confirmed our position that the money was transferred to the wife to pay for having the house constructed, and refuted the wife's position that the money was alimony spent on their child.

The difficulty in this case was to determine a parenting time for the father and the child.

Due to the fact that the father of the child is a foreign citizen, some of the evidence was drawn up in the UK and required compliance with the legalization procedure in accordance with Art. 408 of the Code of Civil Procedure of the Russian Federation.

We collected the required documents (police clearance certificate, no alcohol / drug addiction certificate, no psychological disorder certificate, employment certification letter, etc.), had them legalized, translated into Russian, notarized, and after that we attached the documents to the court.

Our lawyers collected comprehensive evidence confirming that the child’s father had no contraindications for communicating and raising the child, and the obstacles created by the spouse in communicating between the father and the child are illegal.

RESULT:

The court ruled to satisfy the claims of our lawyers:

• The child's mother shall hand over the child to his father every Saturday and Sunday, whereas the mother shall not be present at the meetings after the first 3 months;

• The child's mother shall not put obstacles in communication with the child;

• The child's mother shall not less than 5 days in advance notify the father of a change in the place where the child resides, to notify of the circumstances that impede communication with the child;

• The amount of alimony declared by the child's mother was reduced from 70,000 rubles to 27,062 rubles;

• The marriage between the spouses is dissolved.

Disputes about children involving a foreign citizen require special skills from a lawyer, these skills will allow you to collect and use the available evidence in the most beneficial way to make the court rule in favor of the Client. Reach out to us:

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