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QUESTION: What do you advice an American father? If the mother of his American daughter takes his daughter back to her native country Russia she is guilty of the International Parental Kidnapping Crime Act 1993. If the same American father refuses to allow the Russian mother to take her daughter back to Russia, he is guilty of parental kidnapping under Russian law. There would also be an Interpol Red notice issued by the Russian government for him and an Interpol Yellow Notice issued for his daughter. Reason the courts in Russia have ordered him to return his daughter to Russia to live with her Russian mother, while the US courts have ruled that his daughter is not allowed to leave the United States before her 18 birthday and that she canít get a US passport before her 18 birthday. His daughter has can get a Russian passport under Russian law.

ANSWER: Shimsionnul,

DISCLAIMER:  I am NOT an Attorney just a person who has lots of experience in Family law in the USA, no other country: For other places contact a local Attorney for expert advise.

Well couple things: If she has already "taken" here to Russia then your job is going to be very difficult to get her back to USA. Furthermore it appears by your statement that you have been heard in Russian Courts and American Court Systems: Which now make this an international affair which again can be very difficult. Because of the complexity of your case my only recommendation would be to seek out an Attorney here in USA and in RUSSIA who will work together to get your daughter back: HOWEVER, remember Russia and USA are not playing well today in the sandbox so again..case gets more difficult.


As far as your comments about "is she guilty of the International Parental Kidnapping Crime Act 1993." No one is guilty until proven in a court of law: Which makes your case even more difficult because of the fact that your ex has taken her back to her native country so the question of 'Venue' will come in play: Second based on your questioner name posted "shimsionnul@dunflimblag.mailexpire.com"  the question comes up what country do you live in USA or other country because your using a 'Temporary email address" which is a bit unusual.

Good luck,
Jeff

---------- FOLLOW-UP ----------

QUESTION: The US Attorney as told the American father that if the Russian mother takes her daughter back to Russia, he will officially charge the Russian mother with the International Parental Kidnapping Crime Act 1993. The US Attorney has told him that if he the same American father refuses to allow the Russian mother to take her daughter back to Russia, he is would be charged with parental kidnapping under Russian law. There would also be an Interpol Red notice issued by the Russian government for him and an Interpol Yellow Notice issued for his daughter. There is a conflict of law between the Russian and American legal system and it is impossible to come to an agreement. Both parent have the law on their side in their country but the American father has possession of his daughter. The mother is in Russia.

Answer
  
shimsionnul.

DISCLAIMER:  I am NOT an Attorney just a person who has lots of experience in Family law in the USA, no other country: For other places contact a local Attorney for expert advise.

In reference to your follow up question, I have already answered this previously as far as what I thought your next steps should be.

Sorry I could not be of further help.

Thanks
Jeff

Family Law (Divorce, Family Relations)

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Jeff Laatsch

Expertise

WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...

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Self taught and experience with working with various Court Clerks.

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Masters Degree

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