In fact, our compatriots who married German citizens or are going to do it in the near future, are offered a cruel choice: to refuse marriage with a loved one or to abandon their own child, born in the previous “domestic” marriage. The dilemma is not for the mother.
Be careful, the doors are closing.
The women who turned to our editorial office managed to get a second chance from their destiny for family happiness: after a failed marriage and divorce, they met a new suitor. True, not in Russia, but in Germany – they married the citizens of this quite civilized country with a developed democracy. Everyone has a child from the first marriage. Marriage bonds are officially registered, the relationship of the spouse with the child is developing remarkably, the country of cohabitation – Germany – is chosen, the examination in German, obligatory in such cases, was successfully passed.
It remained to obtain entry visas. For himself, as for the legal wife of a German citizen, and for his child – “to reunite with one of the parents,” that is, with himself, his mother, leaving for another country. It was then, at the stage of collecting and filing documents, things began to happen inexplicable.
The first alarmed her call, says Muscovite Olga, sounded in the summer. In the list of documents on the website of the German embassy in Moscow, from the list of papers with which the mother is obliged to confirm her “sole possession of parental rights”, the reference to the fact that “with the parental rights of a parent not acquiring a child with him is required to have a notarized consent for the permanent residence of the child in Germany “.
Simply put, before the pope-Russian was thus to confirm his agreement that his own son or daughter will now live with his ex-wife in Germany. Or not to confirm – out of sincere attachment to the child and unwillingness to part with it, or even from a lesser sense of revenge and aspiration, taking advantage of the situation, foul of his “former” – the variants met different, including the most dramatic ones.
Now the “truncated” list referred to only two documents that gave the mother the right to obtain a child’s visa: a court decision to deprive the father of the child’s father or a certificate of his death. The third – with difficulty, but still obtained from the former husbands document – is no longer given.
In the visa department of the embassy, the employee confirmed to Olga that there is no mistake in the memo. The notarized consent of the second parent to leave the child for permanent residence is not enough: recently there was a decision of the leadership to accept documents for children’s visas only with a court decision on depriving the Russian father of parental rights or with a certificate of his death.
“I’m telling her,” recalls Mom of the seven-year-old Nastya, “but do you happen to be unaware that it’s practically impossible to deprive the parental rights of a respectable person in Russia?” Yes, we have a certificate of death, Lord, forgive me, it’s easier to make a hundredfold! And it’s not humanly – how to deprive a normal father of the rights to a child ?! If he loves him, pays alimony regularly, not a drug addict, not a bully, he does not drink. Literally a positive hero. And this Frau, – says Olga, – gently so, almost purring, answers: “Well, yes, I know that this is unreal, but I can not help you with anything.”
Three write, two – in the mind.
To refuse voluntarily from paternity, Olga’s ex-husband, as was to be expected, did not agree categorically. As, however, and the vast majority of fathers who found themselves in the same absurd situation. But if anyone agrees, it is not a fact that he will succeed in renouncing his own child, as Victoria’s story from Moscow shows:
– I’m 23 years old, my husband, a German citizen, 26. My daughter from her first marriage is 2 years old, – says Vika. “Her father left me when I was three months pregnant.” After her birth, still recognized the child. Facilitates our situation with a child visa that he is willing to give up his parental rights. I filed a lawsuit to deprive him of his paternal rights in court. A month has already passed, but the court is in no hurry to set a date for the consideration of the case. Yes, and in general they say that they can refuse. He is a perfectly normal person in the social plan. Time is running. I’m married for 7 months, during this time my husband and I met once – 3 weeks. And we live: he is in Germany, I’m with my daughter in Russia. Now I wait, that the court will tell. My daughter asks where her father is every day. She calls my husband my husband.
Hope from Ufa, Julia from Yaroslavl, Irina from St. Petersburg, Olga from Izhevsk, Vika, Olga and Elena from Moscow – all of them, like dozens, and maybe hundreds of other women got into this child-visa trap. And everyone tried to find out: what kind of law / regulation / instruction (every time, say women, consular officers called this, let’s say, the circular in different ways) threatens to turn their whole life around? And no one received a clear answer, any explanation or at least the title of the document, which, remembering the famous German thoroughness, a lot of them surprised and added confusion and uncertainty of the situation.
There is another oddity: on the websites of all the German consulates in Yekaterinburg, Novosibirsk, Kaliningrad and St. Petersburg, the notarized consent of the father of the child traveling with his mother to Germany is still on the official list as a sufficient basis for obtaining a children’s visa. True, this situation does not save. After all, consular officers only accept documents from Russian citizens for visas, and the foreign affairs departments at the place of their future residence in Germany – the so-called territorial Auslanderbicherde (ABC) – decide whether to allow or deny Russians at the entrance to the country.
Lyudmila from Novosibirsk received documents for obtaining visas for her and 11-year-old son Misha in the local consulate general, without demanding proof of death or parental incompetence of Misha’s father. However, a couple of months later they called: “You can go, but your child has been denied.” You can find out the reasons in the ABC at the place of residence of the spouse. ” “I went to Germany,” Lyudmila said, “The first thing the official in the ABH asked me was the court’s decision on my individual rights to the child.” Said: if you do not provide a death certificate or the deprivation of the father’s rights, I guarantee that you you will never bring your son to Germany.That official, on the basis of which official document he makes such a statement, this official also did not respond. ”
Misha’s father, with whom Lyudmila divorced five years ago, is refused point-blank to deny the rights to her son by court decision: this, he explained, will harm his career growth. Dead end.
The logic of officials who invented it, women try to explain in their own way:
“They understand,” Lyudmila believes, “if the family that is still in the process of starting bombardment from all sides and asking for documents that can not be collected in principle, this will lead to the disintegration of the family in 50 percent of cases. And it will not be necessary for the city to pay kindergeld to an “alien” child, it is not necessary to pay mum for education and in the future – social. It turns out, this is such an arrangement: to build a wall that limits entry to permanent residence for foreigners, especially in the midst of an economic crisis.
A Yaroslavl woman, Julia, said that the lawyer in Germany, whom she and her husband hired to help them obtain an entry visa for her daughter, explained the position of the Abkh officials: “Too many of you have divorced.” The lawyer was immediately changed.
��������� Olga it is convinced: an event has no under itself a legislative base. Till.
“That frau at the embassy dropped a rather strange phrase, the meaning of which is: now we’ll see what kind of Russian reaction will be, we will know the mood of the public, and then it will be clear what to do next. Do you understand? I, when I heard it, have already lost the gift of speech.
The bitterest assessment of the situation in which our compatriots turned out to be, and which they rightly believe is contrary to all moral norms, not to mention human rights and the Convention on the Rights of the Child, was voiced by Irina from St. Petersburg: “It is unlikely that Russia in its the current demographic situation will be of interest to the problem of exporting Russian children abroad, and if interested, then with the installation: not to export! Yes, probably, the Russians themselves, rushing “over the hill”, are unlikely to cause public sympathy. ”
There remains only one question: how would Germany treat such attempts by Russia to prevent the reunification of German wives and children from their first marriage with their Russian husbands on their territory?
Alexey Golovan, authorized under the President of the Russian Federation for the Rights of the Child:
– The situation, of course, is strange and does not correspond to the rights and interests of children, enshrined in the Convention on the Rights of the Child, at least, such as the right not to be separated from parents against their will.
The conflict is all the more incomprehensible, if one remembers how traditionally reverent Germany is in everything connected with the family, with the protection of childhood and motherhood. I can say one thing: we must understand. By the way, there is a preliminary agreement on my meeting with officials at the German embassy in Moscow. I think it will be held soon, and I will certainly raise this topic in the conversation.
“Applications by a child or his parents to enter or leave the State Party for the purpose of family reunification shall be considered by the participating States in a positive, humane and expeditious manner.” The participating States further ensure that the submission of such a request does not lead to adverse consequences for the applicants and members of their family “(Convention on the Rights of the Child, art. 9, para. 1).
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