Married to a foreigner with children from a previous marriage. How to get permission to take a child abroad
Often we are asked how foreign men feel about the fact that a woman has children from a previous marriage. It is difficult to answer this question unequivocally and in one sentence. Different men treat differently.
Some are ready to accept a wife with her small family. There are men for whom the presence of a child is also completely excluded: after all, if he decides to have a relationship with his mother, he must find an approach not only to a woman, but also to connect to the upbringing of a small person.
More recently, a man shared his sad experience: he met a lady from Belarus, whose ex-husband categorically refused to sign an agreement to take the child out.
The child removal procedure could drag on for an indefinite period, not to mention the financial costs of lawyers and legal proceedings. And since the couple was together not so long ago, and the feelings had not yet been able to develop into deep love, they both decided to leave so as not to complicate each other's life. The man has adjusted his expectations for his companion and now wants to find a woman without a child.
The presence of a minor child will certainly turn off some men, so the chances of a mother with a baby are somewhat lower than those of women without children. And the more children she has, the lower the chances.
Nevertheless, in our practice it happened many times that women got married with two children, not to mention a large number of marriages when a lady got married with one child.
If you have a child, then do not despair - strictly follow the recommendations from chapter E “do I have a chance?”, Paying special attention to learning foreign languages, and everything will definitely work out.
The main problems of women with children are related to the following aspects:
- How to take a child.
- Adaptation of the student in a new place.
- The decision to leave the high school student until graduation.
Let's take a look at each question.
How to take a child for permanent residence in Europe
Many countries in Europe require notarized consent from the child's father, or even waiver of parental rights, so that the child can join the mother and her new husband. And if you have only recently met a foreign man, then it is difficult to expect him to be ready to immediately accept you and the child.
What can be done?
If the ex-husband does not want to give official consent, try to convince him, citing the prospects of a son or daughter in another country as an argument.
The situation is facilitated if the child has a dash in the column "father" in the birth certificate. You can deprive the biological father of parental rights if you failed to agree in an amicable way.
Contact a lawyer in your country and get advice on the correct removal of the child. Contact a lawyer in the country of the groom and discuss the issue of how to legalize the child's stay in the country.
Adaptation of a student in a new school
If we take Germany as an example, then the school integration of a teenager over 13-14 years old will be very difficult. Naturally, the younger the children, the easier it is for them to adapt to new conditions and new requirements. And after 14-15 years it will be difficult to master the school curriculum in another language.
What can be done?
Once you understand what country your fiancé will be from, make every effort to ensure that not only you, but also your child actively learn the language of this country. Please note that after you move, you will have the opportunity to take courses and learn the language gradually and without stress. And your son or daughter will have to immediately go to school, communicate with new classmates and teachers, do homework, adhere to school rules.
And if you leave him to finish school?
Sometimes mothers decide to leave a high school student in Russia until graduation so that he can get a Russian matriculation certificate.
It is worth remembering that at the age of 18, according to European law, children cease to be children. So getting to Europe on the basis of the fact that my mother married a foreigner will no longer work. You will need to study the legislation of this country and find out the prerequisites for obtaining a residence permit - including for your child.
If a man does not accept a child
Do not condemn foreign men if they are not ready to accept your child: creating a family with a woman from another culture is not an easy task in itself, and if a lady brings a child with her, then the man needs to concentrate not only on the woman, but also win the heart of her child at the same time. Not everyone can cope with this mission!
Waiting for a child and looking for a groom
Sometimes we are approached by pregnant ladies who want to have time to find a man and get married before the baby is born, so that "the baby immediately accepts the man as a father." Unfortunately, expectant mothers have almost no chance - international marriage is not a quick matter, so you can be late.
For those who find themselves in such a difficult situation, we advise you to calmly inform and give birth to a baby, get yourself in shape, and then take relevant photos and start actively searching for a foreign husband. Although, of course, it is better to protect yourself and not complicate your life.
Marry a man with children
What to do if your chosen one has children from a past relationship?
You must be prepared for the fact that your husband's child will forever remain a part of his life. Dad will be required to meet with a child under the age of majority at least once every two weeks and take him to his place for the holidays, not to mention the fact that the man pays decent alimony, which must be taken into account in the budget of your new family.
So you should evaluate your ability to accept a man with his child and care for his child.
Oddly enough, but quite often, mothers reject gentlemen with children. That is, they expect that the husband will be engaged in raising her child, but must be childless so as not to create unnecessary problems.
If you already have a son or daughter, then it is unfair to demand that you find a man only without children. In addition, it will be easier for a man who is a father himself to build a relationship with your child.
Sometimes there are situations when a man's children live in another city or another country, so dad rarely meets them. In this case, they will not greatly affect family life.
Relationships with joint children
Those who are planning the appearance of joint children should be aware that European women aged 40 and older rarely agree to offspring.
If you are a little over 40 and you want children, then you should immediately indicate this wish in the questionnaire and presentation letter, so that candidates already know about your plans when viewing the questionnaire. If it doesn’t matter to you whether to give birth yet or not, I advise you not to mention the topic of future children in the questionnaire at all.
And, of course, it’s impolite on the first date to arrange a “questioning with passion” whether he is going to have children. Refrain from clarifying all the details of his plans for the future: it happens that a man initially indicated in the questionnaire that he does not plan to have children. But when he meets his only one, he changes his mind and no longer objects to the baby.
As you can see, the “childish question” is associated with various problems that we don’t even think about. For everything to work out successfully, you just need to keep in mind the listed points.
Chapter from the book “Dating foreigners. Version 2.0"
Author: director of the international marriage agency Droben Ksenia
Offices in St. Petersburg and Germany
www.bridespb.com
Skype: ksenia_droben
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Unfortunately, not every relationship of lovers leads to marriage, and not every marriage is happy. It happens that the family breaks up, and the woman is left alone with the children. Heartache often prevents her from starting a new family, and the surrounding men, in fact, are not always ready to take on obligations for their soulmate and her children.
So what, despair and give up? In no case! If you have not yet met a man suitable for marriage, then it is worth expanding the circle of your searches. One of the proven ways to increase your chances of a successful marriage is to include foreign suitors, such as Germans, in the list of potential suitors. In this way, many women unexpectedly found brilliant options and created wonderful new families. After all, not everyone knows that German men have the rare qualities of an ideal husband: they are reliable, balanced, sensible in their every decision. With such a man, any woman will feel like behind a stone wall. In addition, they are ardent supporters of family values, so you won’t have to drag a German to the registry office by force.
Therefore, in this article, we decided to talk about how a woman who independently raises a child and wants to marry a foreigner, fulfill her dream.
The first thing to do is to decide on the way of acquaintance: through websites, social networks or trips abroad. In love, of course, as in war, all means are good. However, in order not to waste your time and energy, the emphasis should be on the most effective method by which you can surely marry a foreigner. In our opinion, this is communication on dating sites with foreigners. Today there are a great many of them. In addition, in the West, according to statistics, almost every third couple met through the Internet.
The second, and no less important step is to decide what kind of man you are looking for. Many girls who are raising a child alone believe that a future foreign husband must be well-to-do. We should warn you that rich people are not the best option for marriage if you yourself do not belong to the same social group, and besides, you are also a single mother. In this combination, your relationship will be very undemocratic and disharmonic: you will involuntarily feel like a freeloader who has done a great favor and who now has no rights, but there is an extensive list of duties. In addition, such men most often disappear at work for whole days, and nothing but business interests them. Therefore, you can’t even count on soulfulness, affection and attention from them - and this is exactly what a child needs, who has already been growing up for quite a long time without proper paternal attention.
So the financial situation of the chosen one is by no means the main criterion by which a foreign gentleman should be evaluated. Much more important are the personal qualities of a person and his attitude to people, to his home, to his loved ones. Choose the person with whom you will be comfortable, and who can become a real father to your baby. At the same time, consider men from the middle class: it is among them that most of all are those who, on the one hand, are exemplary family men, and on the other hand, any representative of this class is quite capable of properly providing for his family, no matter how many children there may be.
Suppose we have decided on the choice of a man, and the acquaintance by correspondence turned out to be successful. Now it's time to think about a personal meeting. It is better not to put off getting to know each other in real life until later, as delaying relations does not lead to anything good. It is better to make the first meeting on neutral territory, perhaps even in another city. You should not settle a foreign gentleman at home or rent one hotel room for two. You should feel calm and comfortable. And a new person in the same space as you can make you feel awkward. In addition, Europeans simply do not accept such rapprochement right away, and if a man treats you with respect, he will not even offer you such an option. And in no case should you take your child on this date. Try to leave him with relatives or a nanny. This does not mean that you should hide the fact of having children from the chosen one, but for the first time, a brief mention that you are a young mother will be enough. As your relationship develops, when a man wants to know more about you, he, of course, will begin to ask you questions about everything that is important to you, including about your loved ones.
Finally, I would like to say that the main thing that you should not forget is feelings. Listen to yourself: how good you are with this foreign man, how you feel about him and how he treats you. If you love, appreciate and respect each other, then your foreign marriage will be happy not only for you, but also for your child.
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Marry a foreigner
I would like to know if I am getting married to a foreigner, my husband can take my last name.
Yes, your spouse can take your last name. Good luck and congratulations.
Help me understand - what is the status of a woman in Russia if she married a foreigner? Is she considered married in Russia. Thank you
Yes, of course it is considered married in the Russian Federation. According to ST. 158 RF IC 1. Marriages between citizens of the Russian Federation and marriages between citizens of the Russian Federation and foreign citizens or stateless persons, concluded outside the territory of the Russian Federation in compliance with the legislation of the state in whose territory they were concluded, are recognized as valid in the Russian Federation, if there are no stipulated article 14 of this Code, the circumstances preventing marriage. 2. Marriages between foreign citizens entered into outside the territory of the Russian Federation in compliance with the legislation of the state in whose territory they are concluded shall be recognized as valid in the Russian Federation.
I'm getting married to a foreigner in Norway. I plan to take my husband's last name. What is the procedure for changing a surname in Russia? And on what basis will I return to Norway with a new passport without a visa?
1. To change your surname, you get a marriage certificate in Norway, make a notarized translation of it (you can also do it in Norway) and apply with it to the passport office with a statement about changing your surname in connection with marriage. 2. You can return to Norway by applying to the consulate or embassy of this country for a residence permit, since you are married to a citizen.
Can I get a job in a military unit if my sister is married to a foreigner?
Well, it's not you who is married to a foreigner .. You can get a job if this is not a secret unit, but an ordinary military unit.
My sister is married to a foreigner. Azerbaijan. It turns out that he has a ban on Kazakhstan. Because of this, he changed his name, surname, patronymic. To let him into Kazakhstan. Now I'm afraid for my sister.
There was no point in changing the name. All data is checked by the border agencies. If there is a ban, no one will let him into Kazakhstan.
I am married to a foreigner and live in Europe. In Russia, I am selling the apartment in which I was registered. I plan to visit Russia from time to time. Do I need to register in this case? Or can I, as a non-resident, do without it? Thank you.
Hello! It all depends on whether you have the citizenship of the Russian Federation and for what period you will come.
She married a foreigner. After the birth of her son, she left for permanent residence in her husband's homeland and received citizenship. After the death of the child, she decided to return to Russia. Can I restore citizenship, in what order and on what grounds?
Julia, if you have not officially renounced your citizenship of the Russian Federation, then you still have it, and nothing needs to be restored. We do not provide for deprivation of citizenship by the state. And you can have dual citizenship, and subsequent ones are not prohibited. Some have three citizenships - together with Russian.
I'm getting married to a foreigner, he wants to give me his bank details, can I take them.
You can get married in the registry office on the territory of Russia by submitting an application to the registry office together with a foreigner, presenting your passports. You will not be asked for any details of banks in the registry office. You will need to pay the state duty according to the details of the state duty recipient issued to you - UFK (Treasury) / IFTS, which can be paid at any bank. You can get married abroad at official marriage registration offices abroad.
What documents are required to obtain permanent residence for a foreign husband. Married 13 years to an American. Since 2013, we have been living in the Russian Federation. My husband has a private visa (for 3 years after 180 days he must leave. He is 63 years old. A disabled pensioner) thanks to everyone who answers.
Hello! This is called a residence permit. In accordance with Part 1 of Article 8 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" dated July 25, 2002 N 115-FZ resident card. An application for a residence permit is submitted by a foreign citizen to the territorial body of the federal executive body in the field of migration no later than six months before the expiration of the temporary residence permit. An application for a residence permit may be submitted in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services. You should contact the Migration Department of the Ministry of Internal Affairs of the Russian Federation to resolve this issue.
If a girl is married to a foreigner, he does not have citizenship of the Russian Federation and has a child, how to share property equally, or only his wife is left with everything, since he is not a citizen of Russia.
If they live in Russia, then the division of property will be carried out in accordance with the laws of the Russian Federation. The citizenship of the spouse does not affect his share in the property. Everything will be shared equally.
I am married to a foreigner. The surname on the marriage certificate was changed to the surname of the husband. Passport to the Russian Federation and other documents did not change. That is, I have a passport with a maiden name without a marriage stamp. I want to sell an apartment. Do I need to change my passport and other documents for sale first, or can I sell using my old passport? I plan to immediately buy another apartment also in Moscow.
Thank you.
Hello, of course you need to change your passport in order to alienate the apartment. In fact, there is no person with your maiden name. Decree of the Government of the Russian Federation of 07/08/1997 N 828 (as amended on 11/18/2016) "On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation" The passport is replaced if there are the following grounds: reaching the age specified in paragraph 7 of this Regulation; change by a citizen in the prescribed manner of the last name, first name, patronymic, change of information about the date (day, month, year) and / or place of birth; sex change; unsuitability of the passport for further use due to wear, damage or other reasons; detection of inaccuracies or erroneous entries made in the passport. The replacement of the passport is also carried out in other cases provided for by the regulatory legal acts of the Russian Federation. Good luck and all the best.
You have every reason to replace your passport. Since you have a passport with a maiden name. Change your passport first, then sell the apartment. Otherwise, there will be problems with the registration of the transfer of ownership. Decree of the Government of the Russian Federation of 07/08/1997 N 828 (as amended on 11/18/2016) "On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation" the order of the last name, first name, patronymic, change in information about the date (day, month, year) and / or place of birth;
Hello Daria! You need to change your passport. So that no one has extra reasons to go to court on the invalidity of the sales contract in accordance with Art. 168 of the Civil Code of the Russian Federation, since persons with such data as you have in your passport no longer exist de jure.
Hello Daria. It is imperative to change your passport, because in connection with marriage and a change of surname to the surname of your spouse, your passport is invalid, according to the regulations on the passport of a citizen of the Russian Federation. In the event that you do not change your passport, you can be held administratively liable, in accordance with Art. 19.15 Administrative Code of the Russian Federation.
Hello, dear visitor, unfortunately your passport is invalid and must be exchanged without fail, otherwise, you will be punished for this, on the basis of the Code of Administrative Offenses of the Russian Federation "of December 30, 2001 N 195-FZ (as amended on June 27, 2018) ) Article 19.15 Residence of a citizen of the Russian Federation without an identity document (passport) in the living quarters of a citizen of the Russian Federation who is required to have an identity document of a citizen (passport), without an identity document of a citizen (passport), or invalid document, identification of a citizen (passport) - shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles. 2. The violation provided for by paragraph 1 of this article, committed in the federal city of Moscow or St. Petersburg - shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles. Good luck and all the best, with respect lawyer Ligostaeva A.V.
If a civil servant's ban on marriage with a foreigner? Will I be able to work in the civil service if I marry an Israeli citizen? After marriage, the spouse will have to do a civil RF or can you not do it?
Neither Art. 16, no art. 17 of the Law on Civil Service (No. 79-FZ) - "prohibitions" and "restrictions", there is no provision for such a basis as marital relations with a citizen of another state, which would entail the possibility of terminating the Labor Code. The choice of citizenship of your spouse is his business. The Federal Law on Combating Corruption will also not be able to influence this.
I married a foreigner. The marriage registration was in Cyprus. On the hands there is a marriage certificate in English with an apostille. What needs to be done to make it valid on the territory of Russia? (Call my phone only via whatsapp)
You need to apply with your question and documents to the consulate of this country on the territory of the Russian Federation. The Russian court will not help you here.
A citizen of the Russian Federation marries a foreigner (the wedding will be abroad). A certificate stating that she is not married is required. Where can I get such a certificate, do I need an apostille, what documents will be required for this? Thank you.
Good afternoon Contact the registry office at the place of residence for such a certificate. An apostille is needed depending on the state where you are moving to, but it is better to put it. It is put down in justice, but first it will be necessary to translate the certificate and notarize the translation.
I married a foreigner (He has dual Russian and German citizenship), my daughter is still in Russia. The husband wants to adopt her and take her to Germany. Please let me know what documents you need to collect for adoption.
Thank you.
Dear Nadezhda, adoption for any German citizen is carried out only in court, in accordance with the norms of German family, procedural and civil law (EGBGB, ZPO, BGB). All processes are carried out in the bodies of the German family court ( Familiengericht) by using us German lawyers, as well as with the obligatory participation of a notary and the control and execution actions carried out by him, provided for by the norms of family law. Among other things, the court checks the circumstances and facts on the question - can a "citizen" generally carry out adoption, - is he able to ensure the well-being of the adopted child and - are there any other obstacles to founding and maintaining a family with the adoption of a foreign minor, - the main condition is the existence of a father-child relationship in a particular situation. Only after a court decision on the adoption can the adoption be considered valid for all German authorities. What documents from Russia the court will need for work, how the application process works and what formalities should be carried out - all this will be explained to you (or your spouse) by us, German lawyers: - as part of paid work, - after identifying you as a customer and principal, - outside of open social networks, - on the basis of and after reviewing the documents of a particular case (marriage certificates, birth certificates, statuses for staying in Germany, etc.) . networks. I would be glad if my answer helped you navigate the situation.
Daughter marries a foreigner in Tunisia. Under the laws of Tunisia, he changes his surname. Do I need to change Russian and international passports? And where to change them if she lives in Tunisia.
All in the presence of a citizen. In the event of a marriage with a foreigner, when changing the surname, Russian passports must be brought into line with the changes. All this can be done at the Russian Embassy in Tunisia.
I married a foreigner, I have a residence permit in his country, I am going to go to him for permanent residence together with my minor son. The former civil husband says that he will not give consent to the departure of the child. My son is over 10 years old. B / m is recorded by the father of the child, pays alimony by oral agreement. In this case, is the consent of the father necessary for the departure of the child and how to overcome the refusal to give consent, if it is necessary in this case? Thanks for answers.
Hello! You can contact the guardianship and guardianship authority for a peaceful settlement of this issue. If you do not obtain the consent of your former spouse through the guardianship authority, then you can demand such consent in court. Courts generally do not deny such applications.
I am going to marry a foreigner in Cyprus. I myself am from Russia, Primorsky Krai, the city is a godsend, but I currently live in Kaliningrad. There is no registration here, I have it in Primorye. To get married abroad, I need a certificate of unmarriage. In Kaliningrad, the archive of the registry office refused me. Question - how can I get this certificate in other ways? If you need to submit a request to the Primorsky registry office, how to do it? Procedure?
Hello, they will refuse you everywhere because you need registration in the Russian Federation. In addition, you cannot live in the Russian Federation without registration. A fine of 3000 rubles is provided for this.
The registry office of any region can only issue you a certificate stating that, according to their information, your marriage is not registered in the territory of this region. A year ago, people did this: They went to the notary and the notary certified the person's signature on his written statement that he was not married. That is, an affidavit was obtained - a notarized statement of a person. You can put an apostille on top of it. I recommend contacting the notary Yablonskaya on the street. Prague
I am going to marry a foreigner, but I have a sister. Can I not be allowed?
Hello. You don't need to ask anyone's permission. Your sister has nothing to do with your marriage. According to Article 14 of the RF IC, marriage is not allowed between: persons, of which at least one person is already in another registered marriage; close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters); adoptive parents and adopted children; persons, of which at least one person has been recognized by the court as incapable due to a mental disorder.
I am officially married to a foreigner, he does not work, I am pregnant with my third child, I do not officially work! After giving birth, will I be able to receive payments for the third child and what documents do I need to collect?
Hello, If you do not work anywhere, you need to apply for a child care allowance at the social protection authorities. I wish you good luck and all the best!
Good day to you! You need to contact the social protection authorities of your locality. All the best to you and thank you for contacting the 9111 website for legal assistance.
I married a foreigner a year and a half ago. My husband does not have Russian citizenship. I want to divorce. But he scares me with the fact that they will impose a fine on me. What should I do?
Good afternoon, dear visitor! BULLSHIT - file a lawsuit in the world court for divorce All the best, I wish you good luck in resolving your issue!
No penalty is provided. If you want to get a divorce, then you need to file a petition for divorce in the world court.
Good day to you. In this case, file a divorce suit with the Magistrates' Court. I wish you good luck with your issue and all the best.
I am going to marry a foreigner from France. After registering the marriage, I plan to sell my apartment and buy a new apartment in another city. Of course, I will draw up documents in my name. Will the new apartment be considered jointly acquired property and divided in cases of divorce or inherited in the event of his death to his children?
Good evening, dear visitor! Yes, it will be jointly acquired property, which will be subject to division or be inherited by his children. Good luck, I wish you good luck in resolving your issue!
Good day to you. In this case, it will be jointly acquired property that will be subject to division. I wish you good luck in resolving your issue.
Good evening to you Dear Irina, in this case I agree with my colleague. But there is one option. You buy for mom, dad. Well, like with their money, and after a while they give it to you. Then it is not jointly acquired property.
Help to understand the following situation: an employee (woman) married a foreigner and went to him in Germany being 7 months pregnant. Monthly payments for the maintenance of a child up to 1.5 years old were paid, because. went on maternity leave to Russia and was registered for pregnancy in a consultation. She has not been fired from her job. After 2 years, without leaving maternity leave, she gives birth to a second child. Should the employer pay an allowance for the maintenance of this child up to 1.5 years? The citizenship of the woman in labor is Russian.
Good evening, dear visitor! Of course, the employer is obliged to pay benefits in this case. Good luck, I wish you good luck.
☼ Hello, Of course, the employer is obliged to pay you not only childcare allowance, but also maternity allowance. I wish you good luck and all the best!
next questions. I have been married since 1987 to a foreigner, about which there is a stamp in my passport, in marriage a house was purchased in my name. Now I am selling this house, I need my husband's consent to sell the house and the discharge of our minor daughter, 15 years old, from the house before the sale and indicate that in the future our daughter will permanently live with him and, accordingly, she does not need a new registration in Russia. The question is: can my husband in his homeland issue a power of attorney for a third party to represent his interests in Russia on the above issues and can he issue such a power of attorney for me, his wife? Thank you in advance.
Good afternoon. Your husband in the Russian consulate in his country can issue a consent to the sale of the house, as well as a written notice that the daughter will live with him and send these documents to you in Russia. This will be enough, no power of attorney is needed.
The situation is this: a woman married a foreigner. The marriage was registered in his country with the issuance of the relevant document. After 5 months, the pregnant woman returned and gave birth in Russia. The marriage has not ended. Russian birth certificate, in the column "father" is empty.
How can she divorce and deprive the child's father of parental rights?
Hello! A woman can divorce by applying to the court of the Russian Federation. Since paternity has not been established, it is impossible to deprive paternity.
I have this situation: my daughter is married to a foreigner. In the summer I was visiting me in Smolensk. Her husband sent her a transfer online 24 hours from Geneva. It was July 24th. But by mistake, in the transfer, he indicated not her Sberbank card number, but the correspondent account of the Sberbank branch. The daughter, while still in Russia, applied to that branch of the Savings Bank with a request to search for a transfer, but the Savings Bank made a request 4 times, and the same answer comes back that the money did not go to the daughter’s account (it is clear that they could not go to her account, but they should be on the Sberbank account). They sent a recommendation that the sender search for the transfer. The sender sent a search through his bank (he paid 60 euros for the search). The answer came that the money was in the savings bank, but could not be credited to the daughter's account, that it was necessary to apply with a passport to any branch of the savings bank and receive a cash transfer. My daughter has already left, leaving me a general power of attorney. So I go to the bank as if I were going to work, and once again they forced me to file a claim, but they said that the answer would come the same as there are already a bunch. Our bank cannot read the answer given by the international bank to the sender, because it is in English.
You need to get a written refusal from the bank and go to court. There are general rules for preparing a claim, they are set out in articles 131-132 of the Code of Civil Procedure, you can be guided by them or contact a lawyer on the site for drafting.
Hello! In this case, you need to resolve this dispute in court by filing a claim. In accordance with the legislation of the Russian Federation.
Can a serviceman of the Russian Federation marry a foreigner.
Good day! There is no ban. Maybe. DOCUMENTS FOR REGISTRATION OF MARRIAGE WITH A FOREIGNER: 1. Application for marriage; 2. a receipt for payment of the state. fees in the amount of 200 rubles; 3. A certificate stating that the foreign citizen is not married (9 can be obtained at the embassy or consulate). The translation of documents is certified by the consulate or embassy of the state of which the citizen is a citizen.
Hello, it's not a fact that you have tacoke rights, but depending on what kind of service. Good luck and all the best, with respect lawyer Ligostaeva A.V. :sm_ax:
Good day, Ekaterina! Not a single legislative act of the Russian Federation and the constituent entities of the Russian Federation contains restrictions on the rights of military personnel in the field of marriage and family relations.
Hello Elizabeth.
General rules for the export of children
In order to take a child (under 18 years old) abroad with one parent, according to the current legislation of the Russian Federation, the permission of the second parent is not required. If there is a possibility that one of the parents may take the child in an unknown direction due to conflicts, a divorce or other circumstances, then the second parent may put the minor common child on the so-called "stop list". Thus, he prohibits the export of a minor child abroad, and when crossing customs control, this information will instantly become apparent.
It turns out that the permission of the ex-husband is not required to take the child abroad, but he can apply for a ban, and then the issue of transporting the child will have to be decided differently.
You can find out in advance whether your son is on the "stop list" directly on the website of the FSB border service, after making an online request.
Among other things, you must necessarily take into account the laws and requirements of the country to which you are taking the child. For example, in absolutely all countries of the Schengen area, the permission of both parents is required. Despite the fact that the norms of Russian legislation do not provide for the permission of both parents, when taking a child to any country in the Schengen zone, this document will be required of you.
Since you do not indicate the country to which you are going to travel, it is very conditional to talk about the necessary documents. So, for crossing the border of the Russian Federation by minors accompanied by one parent, it is necessary:
- Passport (for travel to Armenia, Kazakhstan, Belarus, this document is not required).
- Consent of the second parent (in cases where the requirements of the country where you are going require permits from the second parent).
- A document on the basis of which it is possible to establish a relationship between you and your child.
- Notarized translations of all documents into the language of the country you are traveling to.
The nuances of leaving for permanent residence
If your child is under 18 years old and you are going to move to another country for permanent residence before the child reaches this age, then not consent, but a power of attorney, may be required from the former spouse. But you should find out about this circumstance at the embassy of the country where you are going. Naturally, you should find out about this in advance in order to have time to draw up a power of attorney and notarize it before departure. It is this power of attorney that will become the basis for the child to be returned to Russia if your ex-husband changes his mind.
In order to avoid conflict situations at the time of the move, it is best to discuss the issue with the father of the child in advance. Having another family, he is unlikely to become an opponent of his already grown-up child from a previous marriage living with you in another country. At this age, the son may well maintain a relationship with his father and even periodically visit him in Russia. However, I repeat, you need to try to resolve the issue with your son's father "amicably."
If a conflict arises and the father takes a categorically negative position regarding the transfer of the child for permanent residence to another country (by the way, he has the right to prohibit him only until he is 18 years old), you will have no other choice but to go to court. The issue in court will be resolved already in a compulsory manner for the second parent, but this is only if you can prove that the father's position is contrary to the interests of the child.
Defending your position, you can focus on the fact that for your son in another country where you want to take him, better conditions will be created for living, education, treatment, etc. There are cases when mothers managed to convince the court that the child needed to move because of the climate.
Sincerely, Natalia.
The situation with guardianship is not too different in Russia and abroad: both in our country and in foreign countries, the permission of the second parent is required for the removal of minors for permanent residence abroad, without which it is impossible to cross the border.
In other words, if you live in Russia or Ukraine and your husband wants to take the child to another country for permanent residence, he should not be released by law. Many women who met foreigners and wanted to go abroad with their children faced this - if the father does not sign the consent to immigration, they will not give an entry visa for their son or daughter. I know a man who lives in Russia with 2 sons, and his ex-wife went to live in America, leaving the children to their father - he did not agree to their move.
So, do not think that the situation with a husband who does not agree to give up a child is typical only for foreigners. Russian and Ukrainian men also do not always agree to part with their offspring.
Who gets the kids in a divorce?
The opinion of the law: a child needs both a father and a mother.
If we are talking about Western countries, the child does not belong to anyone, so it is incorrect to talk about who “gets” it. Parents have the right and duty to take care of their children, but they are not their owners at all.
When considering matters of guardianship, the court proceeds not from the interests of the father or mother, but from children's interests no matter how convenient or uncomfortable it is for you. The task of the judge is to find the best solution for minors.
You are adults, you decided to get together, loved each other, conceived a baby. It's not the little man's fault that you made a bad choice. He needs both mom and dad.
With whom will the child remain after a divorce from a foreigner?
In a divorce, both parents get custody of the child.
As a rule, in Western countries (Europe, USA, Australia, New Zealand) legislation does not give 100% custody to one parent. Both parents have equal rights and are considered responsible for their biological or adopted children until they reach the age of majority (18-21 years). Therefore, children live with both mom and dad: for example, a week with one, a week with another, or 5 working days with their mother, and days off with their father.
(More on how judges make decisions is discussed in the article and later in this publication.)
In Muslim countries, divorce is governed by Sharia law. Until a certain age, children will live with their mother, after which they will be able to choose with whom they want to live. If the mother marries again, the daughters will go to live in the family of their own father. And in this case, everything goes according to the law.
Study the family law of the country where you are going to go to understand your rights and obligations BEFORE you decide to marry a foreigner and have children from him. Breaking the law can have serious consequences. Conversely, acting in accordance with the law, you will be able to use the power of the state on your side.
Can a foreigner husband take a child from his wife?
Britney Spears lost custody of her children after several scandalous episodes.
Short answer: no, it can't.
In Western countries, there is no such procedure as deprivation of parental rights. The child may be temporarily removed from the family (if the child is being abused or not being cared for), but after a certain amount of time has passed, the parent may file for reconsideration and regain full or partial custody of the child.
An example of such ups and downs can be found in the family of the famous singer Britney Spears: in January 2008, she lost custody of her children (which was originally divided between father and mother) for drug abuse, was forcibly placed in a psychiatric hospital, and her sons were transferred by the court to a sole proprietorship. custody of ex-husband Kevin Federline.
Already in July 2008, the court again gave Spears the right to see the children, and also appointed her father as the legal guardian of the singer, giving him the full right to control all her finances and sign contracts. Despite the fact that Spears was not considered legally capable of answering for her actions, she took an active part in the lives of her children. In March 2015, the artist regained her rights as a full-fledged citizen and received the main custody of the children.
Spears with children in 2013
This example shows that even with very bad behavior of one parent, permanent custody is not given irrevocably to the second, the perpetrator is not deprived of parental rights - there is no such function in the law. Even if you have done something wrong, after a certain period of time (usually more than 3 months) you can go to court again, demanding a review of the child custody decision.
Husband can't take your child(but you can't take it away from your husband either). Under the law, you have equal rights to custody. If you want to be a part of your children's lives, you will always be. It doesn't matter what the husband says - he has no advantage in court as a citizen and he is not able to "kick" you out of the country.
On the contrary, because you are a foreigner, you will be given more protection: a free lawyer, an interpreter in court. Start with a visit to a women's organization: every country has a charitable service, the purpose of which is precisely to protect the interests of immigrant women in such circumstances. They know the correct procedure, how to achieve success, and what should never be done. Find their website and phone number, call and explain your situation. They will give you all the instructions to get started.
Organizations for the protection of the rights of immigrants:
- Amnesty International (international)
- Salvation Army (international)
Western countries provide serious support to immigrant women and victims of domestic violence.
Foreign men do not want to lose their children.
Men abroad do not want to part with their heirs - just like you would be horrified at the prospect of losing your blood forever. There is no principle here: children stay with their mother (it was 30 years ago, but times and laws have changed). Equality is on the agenda and men are allowed to love their babies. On the contrary, a father who abandoned his little ones will arouse public contempt.
Second, the percentage of child custody often decides how much you get in the division of property: the higher the percentage of custody, the greater the share of the property. Further, the higher the percentage of custody of the husband, the less alimony he pays you - on the contrary, if the percentage of custody of the father is higher and you work, it is likely that You You will have to pay child support to your ex-spouse.
And vice versa: there are ladies who have only 50% of custody, do not work and live quietly on alimony, which on average is about 25% of a man's annual income (with an average annual income of 60 thousand dollars a year, alimony will be about 15 thousand dollars in year). This is another reason why men fight for primary custody.
- How child support is calculated (approximately): Your annual income after taxes is taken. The amount for the maintenance of oneself is deducted (in Australia, for example, it is 23 thousand dollars a year). The same is done for the father. After that, the 2 remaining figures are added together, divided by the percentage of guardianship in relation to income. The parent who earns more money is usually required to pay extra to the other parent.
- Example: You are not working. My father has an income of $100,000 a year (after taxes). Guardianship 50/50. After deducting the amount to support himself, he has 77 thousand dollars left. This is the total income for childcare because you are not working. The cost of maintaining a child is considered to be approximately $20,000 per year (slightly more for teenagers). Therefore, your husband will pay you about 20 thousand dollars a year for 2 children, although he looks after them 50% of the time.
- If you were working and making less than $23,000 a year (self-support), your child support would be the same.
- If you don't work and the father only sees the kids on weekends, he may be required to pay you $30,000 to $40,000 a year. A big difference? That's why men fight.
- The number of days of care is counted at night. Therefore, if the children do not sleep regularly on the set days at the father's house, for the calculation of child support it is considered that you have 100% custody - even if he spends days with them all day long.
- If a parent is obliged to pay alimony, but does not pay, the state will surely collect them, because otherwise they must pay its contributions. Parents with children are not left here without material support.
Thirdly, being a single parent, the guardian (father or mother) receives cash that the state pays to support children - often a rather large amount on which the whole family can live comfortably. (Read how it works in Share this article
