RELATIONSHIP BETWEEN PARENTS AND CHILDREN
1. The citizenship of children. The legal status of the child is determined by his nationality. So you need to figure out how to determine in the Russian Federation citizenship of children.
According to article 25 of the Law on Russian Federation citizenship, the citizenship of children under the age of 14 years should be the citizenship of the parents. The citizenship of children aged 14 to 18 years of age changes in the presence of their consent.
Citizenship of children does not change with the change of citizenship of parents deprived of parental rights. On the change of citizenship of children without the consent of their parents deprived of parental rights.
Thus, in the legislation of the Russian Federation, the generally accepted principle according to which the citizenship of children under 14 years of age automatically follows the citizenship of the parents. Adolescents aged 14 to 18 years of age consent to change their citizenship in writing. This document must be notarized.
If both parents or one parent acquires citizenship of the Russian Federation or if they lose the citizenship of the Russian Federation, respectively, changes the nationality of children.
If both parents or single parent living in the territory of the Russian Federation of the child under guardianship or trusteeship of citizens of the Russian Federation, renounce the citizenship of the Russian Federation and do not participate in the rearing of the child, the child at the request of parents, guardian or Trustee shall retain the citizenship of the Russian Federation (article 26).
If you change the nationality of both parents or a single parent (only the mother or only the father) the citizenship of a child automatically follows the citizenship of the parents. While the condition of obtaining the consent of the teenager aged 14 to 18 years remains valid.
However, there may be cases where the parents (or single parent), leaving the Russian citizenship, do not claim their child, over whom guardianship or guardianship. In such cases, at the request of parents, guardian to the child retains the citizenship of the Russian Federation.
This does not exclude that in the future the child will want to go to their parents and to change nationality.
If the citizenship of the Russian Federation in one of the parents is terminated and the other a citizen of the Russian Federation, the child shall retain citizenship of the Russian Federation. At the request of the parent whose nationality is terminated, and with the written consent of a parent remains a citizen of the Russian Federation, the Russian citizenship of the child is terminated, provided that he will be given a different nationality (article 28).
The state under equal circumstances, protects the interest of the parent who remains in the Russian citizenship. This approach is set out in article 28 of the law, which retains the citizenship of a child for the parent who remains a citizen of the Russian Federation. If the parent remaining in the Russian citizenship, had no objection to the child is granted citizenship of the other parent, it must confirm its decision in writing.
The child situated in the territory of the Russian Federation, whose parents are both unknown, is a citizen of the Russian Federation.
2. Establishing paternity in Russia regardless of the nationality of the parents and the child and their place of residence is carried out under our laws.
In cases when according to the Russian legislation allowed the establishment of paternity in the registry of civil status, living outside the territory of the Russian Federation the child’s parents, of whom at least one is a citizen of the Russian Federation, has the right to make statements about paternity establishment in consular institutions of the Russian Federation (article 34 of the principles of legislation on marriage and the family). Regulations on establishment of paternity is in the treaties on legal assistance. Thus, according to article 32 of the contract with the PR for the Affairs of the establishment or contestation of paternity, subject to the legislation of the country whose citizen is a child by birth.
3. Relationship between parents m children. The relationship of parents and children in the Russian Federation, regardless of whether the child is a Russian citizen or a foreigner, shall be governed in full by the Russian law. In respect of foreign parents or foreign children are no exemptions from the General order is not done. Parents are obliged to care for the upbringing of children, and children are obliged to care for their parents and to assist them. Parental rights are to be exercised solely in the interests of children.
Russian law gives parents a legal right to demand the return of their children from any person holding them not on the basis of laws and court orders. Foreign parents also have this right.
Parents must support their minor and needy disabled children.
In the event of separation on the child pay support in accordance with Russian legislation. However, when leaving the Russian Federation of the person obliged to pay maintenance for the child in the Russian Federation, in the absence of an international Treaty can be difficult.
Thus, according to the decision of a Russian court with F. to collect the alimony on the maintenance of the son. After leaving F. permanent residence in Germany, the court refused to implement the decision, citing a lack of mutual agreement.
The obligation of alimony arises in relation to the child is a foreigner not living in Russia. Conflict rules determining the law applicable to maintenance obligations, in our legislation. However, in the literature it was concluded on the application in these cases the Russian law. Thus these issues are addressed in practice.
The question of law that should govern the legal relationship between parents and children, settled in the treaties on legal assistance concluded with Bulgaria, Hungary, Vietnam, North Korea, Romania and Poland. These contracts establish that the relationship between parents and children are determined by the law of the state in whose territory the parents and children have a common place of residence.
However, if the place of residence of the parents or one of them is on the territory of a Contracting state, and the child’s place of residence is in the territory of another, the relationship between parents and children are governed by the law of the state of nationality of the child. If, for example, father is a Russian citizen living in Russia, and the child is a Russian citizen living in PR, the daddy including the obligation to pay child support, are defined by Russian law. For greater safeguards for the interests of the children in the treaties with Hungary, Bulgaria and Poland have a rule that allows you to apply the law of the country of residence of the child, if the legislation is more favourable for him. The agreement with Vietnam provides in cases of collection of child support from parents in favor of children and adult children in parents favor the application of the legislation of the country in whose territory the place of residence of the person applying to receive alimony.
Thus, the Russian citizen may appeal to our court with the claim about collecting of the alimony on the maintenance of the child, if the child’s father is a foreign citizen residing in the Russian Federation or in a country which has a Treaty on legal assistance, providing for reciprocal enforcement of judgments. The situation becomes more complex in cases where the child’s father lives in a country with which no such agreement (see Chapter 17). In accordance with the resolution No. 67 of the Council of Ministers of the USSR dated January 25, 1989 was established the payment of temporary allowances for each child, if the person obliged to pay alimony permanently live on the territory of a foreign state with which the USSR there is no Treaty on legal assistance.
The legal relationship between a child born from persons who are not in a registered marriage, and his mother and father are determined by the legislation of the Contracting party which citizen is the child.