Guidance

Parental child abduction: Russia

Updated 20 February 2024

Disclaimer

The information contained in this note is intended for your general guidance only, it is not a substitute for obtaining your own legal advice. While all due care has been taken in compiling this information, accuracy cannot be guaranteed and the applicable law and procedures may occasionally change. For these reasons neither His Majesty’s Government nor any member of the British Embassy Consular staff can accept liability for any costs, damages or expenses which might be incurred.

The Foreign, Commonwealth and Development Office holds and uses data for purposes notified to the Information Commissioner under GDPR and the Data Protection Act 1998. Such personal data may be disclosed to other UK Government Departments and public authorities.

Parental child abduction

See the Foreign, Commonwealth and Development Office information for parents if you have concerns about your child(ren) being abducted or retained overseas without your consent.

Parental child abduction may be considered a criminal offence in Russia if a parent removes a child from the other parent or guardian without their consent.

The UK recognised the accession of Russia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction in 2016. The 1980 Hague Convention provides a legal mechanism to return children to the country where they normally live, if they have been abducted or retained by one parent without the other parent’s consent. It is then for the courts in the country where the child usually lives to decide on matters of residence and contact.

If you think that the 1980 Hague Convention applies to your situation, you can open a case through the International Child Abduction and Contact Unit (ICACU) in the UK, a government department that administers the Convention. If you are resident abroad, you should contact your relevant Central Authority in the country in which you live. In the UK, a parent whose child has been abducted overseas may be entitled to legal aid.

The up to date contact details for the Russian Central Authority (only in Russian, the site may not be available outside of Russia) are:

Ministry of Education of the Russian Federation
Department for children rights’ protection state policy
2 Karetny Ryad Str., Moscow, Russia

Phone: +7 (495) 587-01-10, ext. 3462/3463/3450
Email: [email protected] or [email protected]

Even though there is an agreed international system in place to return children from Russia to the UK and from the UK to Russia, parental child abduction cases in Russia may be difficult to resolve. Court orders regarding the return of children are not effectively enforced in Russia.

For more information on how the Foreign, Commonwealth and Development Office (FCDO) can help and what the FCDO cannot do, read our information for parents.

Mediation

Mediation is not a part of the legal process in Russia, but it may help parents reach an amicable agreement together about their child(ren)’s future, without taking court action. A neutral party, or mediator, can assist parents to form a mutually acceptable decision on custody and contact with their children.

In Russia, there is a number of state-funded and non-profit organisations providing mediation services in case of parental disputes. This includes the Centre for Protecting Rights and Interests of Children (only in Russian) affiliated with the Russian Ministry of Education, as well as the number of regional organisations across Russia (only in Russian). You need to check with the service provider of your choice if mediation is available in the English language.

Reunite is the leading UK charity specialising in international parental child abduction. The services range from offering practical impartial advice and mediation to providing a helpful support network aimed at those who have had their child(ren) abducted.

Read more information about Reunite and their services or call 0116 2556 234.

Custody issues

Under Russian law, both parents have joint custody, unless a domestic court decides otherwise. Russia is a secular state, and the Russian Family Code and the Russian Civil Code govern child custody issues.

In case of a dispute, a court will seek to grant custody to the parent it decides is best able to raise, protect and guard the child’s welfare. In Russian culture, the mother is often seen as better placed to care for a child, and this may influence a court’s decision on custody issues in favour of the mother.

The situation is different in the predominantly Muslim region of the North Caucasus. Although federal civil legislation applies throughout the region, traditional pre-Muslim local laws – adats – often influence court’s decisions on custody issues and/or their subsequent enforcement. In this tradition, a disputed child always remains with their father or father’s family.

If separated spouses are unable to resolve their dispute about their child, the matter will come to court.  The court will make an order about the child’s residence, custody and/or parental contact. The custodian parent must abide by any respective court judgment and cannot prevent the other parent’s right of access to the child. The parent without custody is normally entitled to contact with the child. However, if they have neglected or abused their child, their parental rights may have been temporarily restricted or permanently removed by domestic court.

Custody orders and judgements of foreign courts are not enforceable in Russia if they contravene its domestic laws.

For detailed information and advice on how the law may apply in your circumstances, you should seek independent legal advice from a qualified English-speaking lawyer in Russia.

Travel

Under Russian law, a dual British-Russian national child can leave Russia with either parent without the other parent’s formal consent for them to travel. The child can also travel with any other guardian, a family member or not, if there is a written consent by either parent for the child to travel with that person.

A parent, however, can place a ban on their child’s travel abroad through the Russian migration authorities or a Russian diplomatic mission. This will prevent the child from leaving Russia completely or travelling to specified countries with the other parent or a guardian.

The travel ban can cover all international travel for an indefinite time or travel to specified countries for a set period. Travel bans are enforced by Russian border control throughout all entry/exit points. The Russian national parent who placed the ban can still leave Russia with the child or travel with the child to the destinations specified in the ban.

A child under 18 years old can leave Russia unaccompanied with a written consent from one of the parents or legal guardians, unless there is a travel ban imposed by a parent or a legal guardian.

Dual UK-Russian nationality is not recognised in Russia. Russian authorities will treat a child holding both UK and Russian passports as a Russian national.

To be able to leave Russia

• a child who is a dual UK-Russian national needs a valid Russian travel passport
• a British only child needs a valid Russian visa in their UK passport

Extradition treaty

There is no extradition treaty in force between the UK and Russia, although in 2006 a memorandum on cooperation was signed between HM Crown Prosecution Service and the General Prosecution Service of Russia. Each request is closely scrutinised by both countries, and the number of extradition requests carried out between the two countries is low.