Recently, parents are divorced, making children an instrument of revenge, taking the child away and hiding his whereabouts. Russian legislation does not provide for punishment for violation of the child's rights to know and communicate with mom and dad. Children are snatched from the hands of mothers or grandmothers who have gone out for a walk, bringing physical and mental suffering. It is possible to return the stolen child in rare cases.
The Declaration of the Rights of the Child, adopted at the 841st plenary meeting of the UN General Assembly, states that a young child can be separated from his mother in exceptional cases. The norms of international law are an integral part of the legal system of the Russian Federation. Judicial practice in the Russian Federation has developed in such a way that the place of residence of the child after the parents divorce is determined with the mother - if it is not proved that she is immoral in her behavior, which poses a danger to the child.
On the territory of Russia there is a public organization called STOPkidnapping. Its founder is Alina Bragina, whose daughter, Ariana Kazan, was stolen by her father along with his mistress in 2011. Due to the existing loopholes and flaws in the legislation, such an act in Russia does not qualify as kidnapping. In other countries, such as Canada, the removal of a child by one parent from another falls under the criminal law. Russian police and guardianship officers just shrug their shoulders: "The child is with his father - he is a parent, which means that he cannot be stolen." This fact does not allow starting search activities, criminal prosecution.
Russian legislation provides for punishment in the form of a fine (2000-3000 rubles) in case of failure to comply with Article 5.35 of the Administrative Code (violation by parents of minors of the rights and interests of minors, expressed in depriving him of the right to communicate with parents or close relatives, deliberately hiding the place of birth of children against their will, in non-execution of a court decision on determining the place of residence). In practice, attracting a parent is problematic.
Mom, faced with the fact that the father took the child away and does not allow communication with him, is at a loss. There are no developed algorithms for actions of behavior in such situations that will help 100%. Over the years of fighting for their children, women have drawn up a course of action that can facilitate the search and struggle.
If the spouse (or spouse - unfortunately, the father does not always play the role of kidnapper) took the child, not to mention the planned location, or does not make contact at all, the following should be done:
1. Contact the police department - PDN, wanted. Inform the employees about what happened, provide the available documents - certificates of divorce (or conclusion, if there is no divorce yet) and the birth of a child, a court decision / ruling on the child's place of residence. Demand in the application to bring the parent to administrative responsibility under Art. 5.35 of the Administrative Code.
2. Make a list of places where the spouse and child can be. Try to find out if your son or daughter is there.
3. Issue a ban on taking your child out of the country.
4. Take your medical record from the children's clinic or ask for a certified copy of it. In the future, this will help to confirm the condition of the child BEFORE he was isolated from you.
5. In the public domain on social networks post information about the child. Engage the media - information warfare can take its toll.
6. On social networks, find members of the Stopkidnapping organization, women and men who are forced to live in isolation from the child. Enlist support, get information that can help in your trouble.
If the child's place of residence has not been established by the court, now is the time to file a claim there. State the circumstances in which you were separated from the child by the second parent. The minimum package of documents (they leave the originals, copies are attached to the claim, the number of which is equal to the number of participants - the court, the defendant, the employees of the guardianship department at the place of registration and residence of each parent):
- birth certificate of the child;
- an extract from the house book about your registration;
- certificate of the conclusion or dissolution of marriage, if the mother is in a new marriage, then about its conclusion
- statement of claim.
The rest of the documents can be provided during the court hearings. It is worth preparing mentally - such cases are considered for more than one month, and a decision can be made six months after the first meeting in court.
The court loves papers. Civil court hearings imply that a person will independently prove their case. Prepare certificates from the child's place of study (kindergarten, school, extracurricular activities and circles. It is necessary that it be noted that you participated in the child's life - brought to lessons, paid for activities). Ask the district police officer and from the place of work to issue a description for yourself, and, if possible, for the child.
In court, ask for the child to live with you until the decision is made. In your requirements, indicate the need to take the child away from the second parent with subsequent transfer to you - this wording will simplify the work of the bailiffs. The courts consider that “to oblige one parent to transfer the child to the second parent” and “to take the child from one parent and transfer it to the second parent” are identical. The bailiffs do not agree with them, hence other problems arise - the bailiffs routinely send notifications to the father, refuse to declare the child on the wanted list.
To prove your worth as a parent or the negative influence of the second parent on the child, apply for an expert examination. It is important that the court order an outpatient comprehensive psychological and psychiatric examination. This wording means that a commission of clinical psychologists and psychiatrists must be involved as experts, which means that the results of the examination will be more objective.
