ex-husband's permission for child to leave the country?

[bwaaderant 0]

My fiancee has a 6 year old daughter from her previous marriage. Does anyone know if his permission is required for her to leave the country and move here to the US with her mother, my fiancee? They live in Russia and my fiancee said that his permission is required, but I have not seen anything posted about that, or perhaps I just missed it. Any help would be appreciated! Thanx

[Cristy 4]

If she has full custody and has documents to prove it then no. Otherwise she does need permission.

[bwaaderant 0]

If she has full custody and has documents to prove it then no. Otherwise she does need permission.

She seems to think that since he has parental rights then she doesn't have full custody. He is allowed to see her every other weekend for 1 and a half hours, but only in her presence. He can't take her on his own. He doesn't make any effort to see her or to be involved in anyway in her life. My fiancee just says that the laws there are different, they are weighed heavily in the father's favor. So she seems to think she doesn't have full custody. That doesn't make sense to me since he is only allowed to see her in my fiancee's presence.

[Cristy 4]

Does she have court documents stating who has custody? It would have to state that she has sole custody. If it is shared or she does not have it then she needs permission for moving and the passport as far as I know.

Edited March 3, 2006 by cristy

[raphael7546 0]

She most likely has Joint Custody with her as the Primary caregiver.

It doesn't matter if the dad sees the child once every other weekend. She will still need to get a letter filied with a lawyer or notarized stating he is giving permision to let her move the child out of the country. She will also need his permission to obtain a Passport for the child.

She will also need to have her Custody papers to show as well.

Edited March 3, 2006 by raphael7546

[Anja_and_Henry 0]

Was she married to the father?

Sorry, answer is yes.....usually he has custody than, just wondering why he is only able to see the child in her presence. That sounds like no custody... She should try to get his permission - if he does not care it should not be an issue?

Good luck, Anja

Edited March 3, 2006 by Anja_and_Henry

[Cristy 4]

Often if it is supervised custody then only one parent has custody.

[flipside 0]

Which one of you guys is familiar with russian law?

You can argue about it all day, but if none of you are familar with it then the arguement is pointless..

[goldie 0]

Which one of you guys is familiar with russian law?

You can argue about it all day, but if none of you are familar with it then the arguement is pointless..

she best go call the court if she s not sure if she got full custody. true, russian law might be diffrent. i got full custody without even beeing ask at court. here in switzerland its rare to get shared one. it really sounds like the custody is only on her, because hes allowed to see the kid only so rarely and with not alone. strange. i got full custody on my kid, and the father is still allowed to see her every second week for 8 h. and even holidays. important as well, does she has a passport for her? or can she issue one? my ex as well is not intrested at the kid, but i am sure,if it was on him to accept, he would deny. but inher case, i guess, if it comes to the point that he has to sign, he might sign, otherwise the kid must stay with him, and i guess, coz he isnt intrested anyway, he would sign.. so, all a matter to find out.

[flipside 0]

Like I said.. this argument is pointless unless someone is familiar with Russian law.

For example, in Brazil, permission must be granted from both parents, regardless of who has custody.

[PorknBeanz 0]

I am somewhat familiar with Ukrainian law on this point and it is probably very similar to Russian law. Your fiancee will have to get a notarized letter from her ex-husband stating that he is granting permission for the child to permanently immigrate to the US. She will also need to bring copies of the ex-husband's photo page and signature from his passport. According to the embassy in Kiev, there is no special wording that needs to appear on the notarized statement. Just make sure that you have an original Russian version with full legal names and you have an official English translation for the embassy at the interview.

Write an email to the embassy in Moscow to make sure.

If he won't give permission you'll have to go to court. If he is not involved in the child's life it's generally easy for her to get custody for a few hundred dollars and it takes a few months. If he is involved, there's no telling which way it will go.

In my case, my fiancee's ex-husband had always said he would give permission, but when it came time to sign the papers, he wanted $15,000 cash.

Good luck. I hope it works out for you.

[raphael7546 0]

Like I said.. this argument is pointless unless someone is familiar with Russian law.

For example, in Brazil, permission must be granted from both parents, regardless of who has custody.

They live in Russia and my fiancee said that his permission is required,

He states his Fiance said that the fathers permission is required. Were going on that asumption. He didn't ask if there's someone who knows Russian law.

If its pointless then why are you even posting.

[KarenCee 3]

I'm just trying to get my ex's permission to get my daughter's passport. He knows it depends on his signature on that form and if it will cause problems, make life difficult for me then he'll do it. That's his one last vestige of control and he's very reluctant to give it up...control freaks are like that. Sigh....joint custody sucks....

[lisa71 0]

I am from Australia and had sole custody of both my children. Even though my ex saw the kids very infrequently, I still needed his permision to take the kids out of Australia to reside in another country. We had to go back to court to get the documentation legalised. My understanding is that your fiance will be asked for proof of this at her interview. I know I was asked to prove that I had legal permission from the kids father for them to reside in another country. I'd advise your fiance to see a solicitor ASAP.

[Jaylen Brit 0]

Its the same in the UK - tho really its what the US embassy/immigration NEEDS (which in most cases seems to be a notartised letter stating permission is given, where parents were married) not what the country of origin law is - tho in the case of the UK its the same thing, lol