Contents
In brief
Russia is a party to the 1980 Hague Convention, but the United States and Russia are not treaty partners under that Convention.
So in disputes over the movement or retention of a child between the US and Russia, one cannot automatically build a strategy as an ordinary application for the return of a child between two contracting states.
This does not mean there are no legal tools. But the strategy usually requires coordinating Russian proceedings, proceedings in a specific US state, and work with a lawyer admitted to practice in the relevant jurisdiction.
- Key limitation
- no treaty relationship under the 1980 Convention
- Coordination needed
- Russia and the specific US state
- Role of the Russian attorney
- the Russian part of the dispute and the documents
This page is intended as a separate entry point for parents and foreign lawyers: Russia-US queries look outwardly like 1980 Convention cases, but carry an important limitation as to the treaty relationship between the two countries.
This material is for information only and is not individual legal advice.
Why this is a separate topic
Queries about returning a child from the US to Russia, or from Russia to the US, look outwardly like cases under the 1980 Hague Convention. But for the Russia-US pairing the key limitation is the absence of a treaty relationship under that Convention.
If this is not stated plainly, a false expectation may arise that a Russian-American dispute is resolved in the same way as a case between countries where such a relationship is in force.
What can be done instead of a standard 1980 Convention application
The possible directions depend on the facts of the case. They may include Russian court proceedings, proceedings in the court of a specific US state, work with the judicial acts of a US court, questions of recognizing or taking account of a foreign decision, and gathering evidence for proceedings abroad.
Interaction with lawyers in the US may also be needed, together with checking a specific state's rules on jurisdiction in custody cases, a strategy for contact with or access to the child, and lawful steps to establish the child's whereabouts.
Why a lawyer in the relevant US state is needed
The US is not a single family-procedure jurisdiction in the everyday sense. Questions of custody and jurisdiction depend largely on the law of the specific state and the procedural posture of the case.
A Russian attorney can explain the Russian legal component to a foreign lawyer, prepare documents and evidence under Russian law, coordinate the Russian proceedings, and assess the risks of recognition or enforcement.
But representation in a US court must be conducted by a lawyer admitted in the relevant jurisdiction.
The role Artur Kuznetsov can play
Artur Kuznetsov can handle the Russian part of an international family dispute, coordinate work with foreign lawyers, analyze Russian procedural risks, prepare a position under Russian law, and help build a strategy in cases with a cross-border element.
A Russian attorney does not replace a representative in a US court where the case is being heard in a US jurisdiction.
Questions and answers
Can a child be returned from Russia to the US under the 1980 Convention?
For the Russia-US pairing one cannot proceed from the standard order under the 1980 Convention, because the US and Russia are not treaty partners under that Convention. The strategy must be tailored to the specific facts.
What should be done if a child was taken from the US to Russia?
You need to check the documents, the US court decisions, the state, the procedural history, Russian jurisdiction, and possible legal routes outside a standard 1980 Convention application.
Can a Russian attorney assist a US lawyer?
Yes. A Russian attorney can assist with the Russian legal component, documents, evidence and coordination. But representation in a US court requires a lawyer admitted in the relevant state or court.
Sources
- US State Department: information on Russia and international child abduction — the US position on the treaty relationship with Russia
- US State Department: list of treaty partners under the 1980 Convention — countries with which the US applies the Convention mechanism
- US State Department: international parental child abduction — the department's role and the limits of government assistance
Related materials
Author
Artur Kuznetsov
Attorney with international family, inheritance and litigation practice. This material is not individual legal advice.
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