The Child’s Right to Contact with Both Parents

Article 55 of the Family Code of the Russian Federation enshrines a child’s right to contact with both parents regardless of whether they are married. Denying a child the right to communicate with one parent infringes the child’s rights — not just those of the second parent.

When parents live separately, the schedule for contact with the child is determined either by:

a parental agreement (in writing, preferably notarised), or
a court order setting out the contact schedule.

What Constitutes Obstruction

Obstruction consists of systematic actions by the parent with whom the child lives, aimed at limiting the child’s contact with the other parent:

refusing to hand over the child at the agreed time,
concealing the child’s whereabouts,
relocating to another city or country without notification,
turning the child against the other parent (psychological influence),
creating artificial obstacles (“the child is ill,” “busy,” “doesn’t want to go”).

Consequences and Remedies

Administrative liability. Article 5.35 of the Administrative Offences Code (KoAP RF):

first breach of a parental agreement or court order on contact — a warning or a fine of 2,000–3,000 rubles,
repeat breach — a fine of 4,000–5,000 rubles or administrative arrest for up to 5 days.

Bailiff enforcement. Where a court order exists, you can apply to a bailiff for compulsory enforcement. The bailiff may attend the child’s place of residence and ensure the child is handed over.

Transfer of the child’s place of residence. This is the most serious measure. Article 66 of the Family Code expressly provides: if the parent with whom the child lives systematically violates the other parent’s right to contact, the court may transfer the child to the other parent. Such cases exist in judicial practice.

Steps for the Parent Being Denied Access

Document every refusal. Registered letters with acknowledgement of delivery, correspondence in messengers, witness statements.
Apply to the child welfare authority (органы опеки). They are obliged to check the child’s living conditions and assist in realising the second parent’s rights.
File a complaint requesting administrative prosecution with the police or directly with the court (Article 5.35 KoAP).
If a court order exists — go to the bailiff. Opening enforcement proceedings and active bailiff engagement often produce results.
For systematic violations — apply to transfer the child’s place of residence.

Frequently Asked Questions

I have no court order, only a verbal agreement — can I still claim obstruction? You can file a complaint, but enforcement is significantly weaker without a written agreement or court order. The first step is to formalise the contact schedule: either by a notarised parental agreement or by applying to court for a contact order. Once a court order exists, bailiff enforcement becomes available.

What if my child says they don’t want to see me? A child’s stated preference is taken into account, especially from age 10. However, courts also examine whether the reluctance is the result of the other parent’s psychological influence. A psychological assessment of the child can establish this and is often ordered by the court.

Can I take my child abroad without the other parent’s consent? No — unilateral relocation abroad without the other parent’s consent is prohibited. If the other parent systematically withholds consent without reasonable grounds, the court has the authority to authorise the trip without that parent’s agreement.

How many documented refusals do I need before I can go to court? There is no fixed minimum, but “systematic” obstruction — meaning repeated, patterned refusals — is required. In practice, three or more documented incidents tend to be sufficient to establish a pattern. Registered-mail refusal notices and saved correspondence are the strongest evidence.

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Are you being systematically denied contact with your child? Contact us for a consultation — we will help formalise the contact schedule by agreement or court order, and hold the obstructing parent accountable.

Denied Access to Your Child