International family law

Questions and answers

In which country is a family dispute heard if the parents live in different states?

Jurisdiction is determined by a combination of factors — the parties' citizenship and residence, where the child and the assets are, and whether proceedings have already begun. It is best assessed before filing, because it affects the applicable law and whether the decision will be enforceable in the country you need.

Will Russia recognise a foreign family-court decision?

Recognition and enforcement in Russia depend on the type of judgment, the applicable international treaty and Russian procedural law. The court may also examine whether the judgment is final, whether the parties were properly notified and whether another ground for refusal applies. The route must therefore be assessed for the particular judgment and country of origin.

What can be done if there is a risk of a child being taken abroad?

Act in advance: preserve evidence of the child's habitual residence, documents concerning rights of custody and the parents' correspondence. Where departure from Russia is concerned, a formal objection to the child's departure may be one available measure, but its procedure and effect require case-specific assessment. After a removal, the 1980 Convention applies only where it is in force between the states concerned and its conditions are met; otherwise other national and international remedies must be considered.