Artur KuznetsovRussian Advocate
Area of practice

A child case between the United States and Russia

Russia is a Hague Convention country, but the Convention is not in force between Russia and the United States. That changes the first question in the case — and what has to be preserved before either country's process moves.

Why the Convention does not help here

Russia acceded to the 1980 Hague Child Abduction Convention in 2011, but under Article 38 the Convention enters into force between two states only when the other state accepts the accession. The United States has not accepted Russia's. The U.S. Department of State lists Russia as a Convention country and, separately, not as a U.S. treaty partner. A standard Hague return petition is therefore not available between the two countries.

A U.S. order is not self-executing in Russia

Holding a custody order is not the same as holding an order that works in Russia. Its possible uses there — as evidence, as part of the history, as a basis for a recognition argument, or alongside a new Russian proceeding — depend on what the order is, whether it is final, how the other parent was notified, and where the child is now. Each of those is checked before anything is filed.

What Russian counsel does — and does not do

We advise on Russian law, identify the competent Russian court, assess and authenticate documents, preserve the Russian procedural position and coordinate with your U.S. lawyer. We do not advise on U.S. state custody law and do not appear in U.S. courts; that part of the case belongs to counsel admitted in your jurisdiction. The two lawyers work from one chronology and one list of deadlines.

What the work involves

The Russian side of a cross-border child matter: an order map showing which U.S. and Russian orders exist and what each can and cannot do in Russia, the competent Russian court, evidence and deadlines preserved in usable form, and the Russian proceeding run or coordinated alongside your U.S. lawyer. Every case turns on its own facts, and no outcome is promised in advance.

When this applies

Your child was taken to or kept in Russia after an agreed trip
You hold a U.S. custody order and need to know what it can do in Russia
A Russian court proceeding about your child has started, or may start
You are a U.S. attorney and need the Russian side of the case handled
You need to preserve evidence and deadlines in Russia while the U.S. case continues

What the lawyer does

Maps the jurisdictions, existing orders and next deadlines in both countries
Assesses what a U.S. order can and cannot do in Russia, and on what basis
Identifies the competent Russian court and the relief that can lawfully be sought there
Preserves communications, travel records and parental-status documents in usable form
Coordinates with U.S. counsel so a position taken in one country does not damage the other
Handles or coordinates the Russian proceeding

What to have ready

Where the child lived before the disputed move, with dates
The documents that govern parental responsibility, residence, travel or contact
Every existing U.S. or Russian proceeding and the next known deadline
How and when each parent received notice of those proceedings
Communications showing consent, its limits, planned return dates or later objections
Any safety evidence: dated messages, medical or police records, school records

Where it usually goes wrong

The case is designed as a Hague petition that cannot be brought
A U.S. order is treated as automatically enforceable in Russia
A deadline in Russia passes while the U.S. case proceeds
Safety concerns are asserted as labels rather than proved as evidence
The two lawyers work from different chronologies

How we start

  1. 1. Send a short, non-confidential summary: the countries involved, the type and date of any existing court orders or documents, whether proceedings are pending and the next deadline.
  2. 2. We run a conflict check on that summary. Until it is cleared, please do not send names, identity documents, account details or sealed filings.
  3. 3. If there is no conflict, we agree the Russian-law scope and a secure way to transfer documents.

Please do not send the child's address, medical records or school records until the conflict check is cleared.

We practise Russian law and are not admitted in any U.S. state or federal court. Questions of U.S. law, admissibility and U.S. procedure belong to locally admitted counsel.

Next step

Review the documents, deadlines, jurisdiction and a realistic legal position

A consultation helps you see the structure of the dispute and the available steps — without promising an outcome.

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