Child Custody Law in Russia

Russian law does not use the term "custody" in the American sense. Both parents keep equal rights and duties after separation, and the court decides only where the child will live and how the other parent will take part in the child's life. The guiding rule of the Family Code is the child's interests.

Attorney Elena Petrova represents parents in residence and contact disputes, including cases where one parent lives in the United States or plans to move the child abroad.

Deciding Where the Child Lives

Parents may sign an agreement on the child's residence. When they disagree, a court decides. The court considers the child's attachment to each parent and to siblings, the child's age, the parents' personal qualities, and the living conditions each can offer.

Income alone does not decide the case. A parent with a lower income can win if the child's bond with that parent is stronger. Residence of a child under the age of fourteen follows the residence of the parents by default, so the decision often defines the child's registered address as well.

Contact Rights of the Other Parent

The parent living separately has the right to communicate with the child and to take part in upbringing and education. The other parent may not prevent contact unless it harms the child's physical or mental health.

A contact schedule may be agreed or set by the court. It usually specifies weekdays, weekends, holidays, summer periods and the place of handover. Detailed schedules reduce conflict and are easier to enforce.

How Courts Assess the Child's Interests

The guardianship authority inspects both homes and gives a written opinion. A child aged ten or older must be heard, and the court takes the child's wishes into account unless they contradict the child's interests. Psychological expert examinations are common in contested cases.

Relocating With a Child

Moving within Russia requires no court permission, but it cannot be used to cut off the other parent. A move abroad raises more issues. Either parent may file an objection with the border service, which stops the child from leaving Russia until a court resolves the dispute.

Russia is a party to the Hague Convention on the Civil Aspects of International Child Abduction. If a child is taken from the country of habitual residence without consent, the left-behind parent can seek return. Such applications in Russia are heard by a limited number of designated courts.

Enforcing Custody Decisions

Court decisions on residence and contact are enforced by bailiffs. They visit the parties, record violations and may bring in a psychologist. A parent who obstructs contact faces administrative fines, and repeated violations are a ground to reconsider where the child lives.

Enforcement of foreign custody orders in Russia requires recognition by a Russian court. The outcome depends on international treaties and on whether the foreign decision respects Russian public policy.

Preparing a Custody Case

Collect records showing your daily involvement: school correspondence, medical visits, photographs and messages. Keep communication with the other parent calm and written. Avoid unilateral moves before the hearing, since courts view them negatively.

Our Role in Custody Matters

We prepare the claim, work with experts and the guardianship authority, and handle cross-border questions under the Hague Convention.

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