Taking a child out of Russia.
The jpoc guide to postal relationships with women from russia and other eastern european nations.
This is a very common situation. A man from the Western world wishes to marry a woman from one of the former Warsaw pact nations. She already has a child by her former husband and of course, they wish to bring the child to the West. The child's father is either out of touch with the mother or, in contact but opposed to the idea of taking the child out of its home country.
The woman and her new fiance hear lots of conflicting advice as to whether or not they will need the permission of the child's father for the child to leave its homeland.
So, what is the truth and what can they do?
First of all, you need to understand that there are two separate pieces of legislation at work here. I am sure that you already have a good understanding of the fiancee visa process under which you are allowed to bring a woman and her children into your country in order to marry you and settle there. The fiancee visa process is simply concerned with establishing that the relationship is genuine and that the new family can be supported without turning to the state for assistance.
Beyond this is the Hague Convention on the rights of children. This convention deals with the situation where a child aged less than sixteen is taken away from its country of habitual residence.
In the case which we are considering, the effect of the convention is this:
If the child's natural father objects to the child being taken from its country of birth, then the child can be prevented from leaving or can be repatriated at a later time.
If the child's natural parents cannot agree, then the fate of the child will be decided by the courts in the country of the child's birth and the child must be returned to that country while the courts decide.
So, if your fiancee has a child and the child's natural father is still alive, you really should get this sorted out before leaving the country.
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