Establishing paternity in Russia, part 3

I, KARINA DUVALL, attorney, of Saint Petersburg, Russian Federation, affirm that:

1. I am the Russian attorney for the Respondent-father in these proceedings, and as such have personal knowledge of the facts hereinafter deposed to except where those facts are stated to be based on information and belief, in which case I verily believe the same to be true.

2. I have carefully studied the affidavit of Anastasia [the last name keeps in secret] which she made on 10/23/2017. I disagree with most of her statements.

3. It is unprofessional in Russia for an attorney to attempt to discredit lawyers who act for opposing parties. I know Valeria [the last name keeps in secret] to be a high-level specialist and a member of International Academy of Family Lawyers. I have had the great experience to work with her on an International Child abduction case, and I may confirm her credibility.

4. The Minsk Convention (1993) and the Kishinev Convention (2002) are both still valid for Belarus and the Minsk Convention is still valid for Russia, which did not ratify Kishinev. Both Conventions provide for enforcement of court orders from one contracting state in the other contracting states. What this means is that Kishinev applies between Belarus and Kazakhstan and Minsk still applies between Russia and Kazakhstan and between Russia and Belarus.

5. However, it is my opinion that both Minsk and Kishinev do not need to be used for this case because Petitioner-mother may file her child support petition directly to the Kazakhstan court, where Respondent-father lives. This way, she will get 100% of enforcement of local court order, and avoids any International proceedings.

6. She can apply for the child support in Kazakhstan according to the articles 29, 30, and 466 part 1 and 2 of Kazakhstan Civil Procedural Code, without any problem, just using the updated Russian birth certificate with Respondent’s name on it as the child’s father.

7. According to the Law of Republic of Kazakhstan № 261-IV dated on April 2nd, 2010, the execution of child support orders in Kazakhstan is carried out by the Enforcement Unit.

8. Therefore, the child support issues are under government control. The child support orders are subject to immediate execution, according to the Art. 243 of the Kazakhstan Civil Procedural Code.

9. Moreover, in 2016, Kazakhstan accepted the Hague Convention on November 23, 2007 on the international recovery of child support and other forms of family maintenance. Therefore, the Kazakhstan order will be enforceable anywhere.

10. To repeat, the first step required will be to obtain a Russian court order to have Respondent’s name put on the Russian child's birth certificate. Even if no dispute between parties over paternity exists, the parties cannot move forward with custody, visitation or child support issues without establishing paternity with the Russian Authorities.

11. The procedure for the establishment and the disputing of paternity shall be defined by the legislation of the Russian Federation. In the cases, when Russian law admits the establishment of paternity at the Vital Records office, the child's parents, living outside of the territory of the Russia, shall have the right to bring applications on establishing the paternity to the Russian authorities. However, it is my understanding that neither Petitioner-mother nor Respondent-father disputes the DNA test results produced by the German clinic.

12. According to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in the determination of his civil rights and obligations, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

13. Thus, the protection of rights, including establishing of paternity, custody, and child support shall be resolved in the jurisdiction where the parties live.

14. According to Petitioner’s own answer to the Russian court, she stated her registered address as city of Minsk, Republic of Belarus.

15. Respondent-father lives with his wife and two children in Kazakhstan, in their own apartment.

16. Respondent-father is registered as a taxpayer according to the official information of State Revenue Committee of the Ministry of Republic of Kazakhstan, which I personally obtained.

17. According to Art. 163 of the Russian Family Code, child support obligations may be determined by the Russian court according to the law of the country where the child has citizenship. The child has Russian citizenship according to art. 12 part 1 “a” of Russian Citizenship Rules. It is the sole citizenship of the child.

18. According to the Article 47 part 3 of the Belarussian Civil Procedural Code, Petitioner-mother may file a child support petition to the Belarussian court where she says she lives.

19. As mentioned above, she can get a court order from Kazakhstan as well.

20. Petitioner-mother has plenty of options to resolve this issue. Any of her choices will be acceptable by other countries and enforceable if necessary.

21. Both countries where the parties live, Belarus and Kazakhstan, are members of the Hague Convention of November 23, 2007 on the international recovery of child support and other forms of family maintenance, which keeps child support issues under strong control. International law provides the claimant with the guarantees she needs to feel confidence with enforcement of a child support order everywhere.

22. It is my understanding that most of the evidence and the majority of the witnesses, including income information, which would be needed to set an amount of child support, are located in Kazakhstan. Discovery in any other place will thus necessarily involve the lengthy process of obtaining extensive documents, from Kazakhstan. In my view, Kazakhstan is the most appropriate forum for resolving the issue of child support.

23. Respondent-father lives there, has family and real estate property there and will have a job there soon. So, he has strong connections with Kazakhstan for years to come. I am very familiar with the rule of forum non conveniens and the advantage of its flexibility based on the facts and circumstances of each case. The rule rests upon justice, fairness and convenience.

24. It is my understanding, and my opinion, that this legal proceeding in Canada is not necessary for the child to obtain Canadian citizenship. All that Petitioner-mother needs to obtain this result is to put Respondent’s name on the Russian Birth Certificate (consequently, through Russian authorities) as the child’s father and then reach an agreement with Respondent-father.

25. Petitioner-mother can also get child support for parties’ son easily, without spending more of her time and the court’s resources through written agreement with Respondent-father. Respondent-father hired me, in particular, to settle the paternity and child support issue with Petitioner-mother through the Russian authorities, but she refused to even speak with me.

26. To summarize, in my opinion, Petitioner-mother has real and legitimate options she can use to apply for child support to the proper jurisdiction within Kazakhstan, Belarus or the Russian Federation.