Child Custody in Russia: FAQ

Russian family law does not use the words "custody" or "joint custody" in the American sense. Both parents keep equal parental rights after divorce, and a court decides only where the child lives and how the other parent sees the child. Attorney Elena Petrova answers questions from parents in cross-border families.

How Russian Law Frames Custody

Do both parents keep rights after divorce?

Yes. Under the Family Code, parental rights and duties remain with both parents regardless of divorce or separate residence. Only a court can limit or terminate them.

What does the court actually decide?

The child's place of residence, a schedule of contact with the other parent and, as a rule, child support.

Deciding the Child's Residence

What factors does the court weigh?

The child's attachment to each parent and to siblings, the child's age, the parents' personal qualities, and the housing and daily routine each can offer. Income alone is not decisive.

Does the child's opinion count?

From the age of ten, the court must take the child's view into account unless it contradicts the child's interests. A guardianship authority usually prepares a report on both homes.

Is there a preference for the mother?

The law gives none. In practice, very young children often stay with the parent who has been the main carer.

Visitation Schedules

How detailed should a contact order be?

As detailed as possible: weekdays, weekends, holidays, handover place, video calls. A vague order is hard to enforce.

Can parents agree without a trial?

Yes. A written agreement on residence and contact can be signed, notarised or approved by the court as a settlement.

Moving Abroad With the Child

Is the other parent's consent needed to travel?

A minor citizen of Russia may leave with one parent. But the other parent can file an objection with the border service, and then exit is blocked until a court decides.

Can a parent relocate permanently?

Relocation against the other parent's will is a separate dispute. Courts look at the effect on contact and on the child's schooling and ties.

Wrongful Removal and the Hague Convention

Is Russia a party to the 1980 Hague Convention?

Yes, Russia joined the Convention on the Civil Aspects of International Child Abduction. However, the United States has not accepted Russia's accession, so the Convention is not in force between the two countries. A parent in California has to rely on ordinary Russian court proceedings instead.

Which court hears return cases with Convention states?

Return applications are heard by specially designated district courts in the centres of federal districts, not by the court at the child's address. The law sets a short deadline for the decision.

Can a child be removed from Russia during a dispute?

A parent may ask the court for interim measures, including a ban on the child's departure while the case is pending.

Enforcing Court Orders

What if the other parent ignores the order?

Bailiffs open enforcement proceedings. Repeated obstruction can lead to fines under the Code of Administrative Offences and to a new claim to change the child's residence.

Will a US custody order be recognised in Russia?

Only if a treaty provides for it. Without one, the parent usually has to bring a fresh case before a Russian court.

Getting Help From the United States

How does the attorney work with a parent abroad?

We act under a notarised and apostilled power of attorney, gather school and medical records, work with the guardianship authority and appear in court. Updates are sent in English.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.