What is more important - a person or a law?
On September 13, the Khanty-Mansiysk District Court will review the judgment on the fate of 6-year-old Lada Nikitina. On the agenda is the question of who the child should live with: with a man who is not her father, but raised from birth, or with a biological mother who abandoned the girl several years ago. Dmitry - Lada's dad in spirit - was deprived of the right to be called that way and raise a child, based on the letter of the law, more precisely, the Family Code of the Russian Federation. Will the decision of the Presidium of the Supreme Court of the Russian Federation now be able to protect a small citizen of a large country?
In 2010, in Novorossiysk, Dmitry Nikitin married Nadezhda Tipakova. Knowing that at the time of their meeting she was pregnant from another. When Lada was born, he inscribed himself as a father in her birth certificate. The situation in our country is a dime a dozen.
The marriage went wrong. When the child was a little over a year old, Nadezhda went to live with a friend in Tver. After the divorce in 2012, she signed a residence agreement for Lada with her father. After that, the girl practically disappeared from the life, who at the age of one and a half was found to have a serious illness. According to the media, epilepsy.
In 2014, Dmitry moved from the south of Russia to Khanty-Mansiysk to support his daughter. There he remarried. Olga became a mother for Lada, and her children from her first marriage became a brother and sister. A large family, they do not live well, they honor God, they bring up children in love and care. There would be more of them in Russia, which is pierced by news of violence against minors every day.
“Nadia showed up six months after Dima and Lada left. She wrote a post to the city group on the social network Vkontakte, allegedly we stole her child,” Olga Nikitina told Uralinformburo. “Although Dima contacted her, he said that is going to move to Khanty, and after the move he called and told me where he was. She began to write to me and my friends: "Give me back my daughter!" It all started after we posted family photos on social networks."
That's how many times it has been told to parents - social media is fraught with danger. Do you want to show your wonderful child to the whole world, so that everyone is surprised and happy? But what if these photos are carefully studied by pedophiles or other enemies of your family?
“Lada five days after arrival began to call me mom. Probably due to warm relations and because her connection with her biological mother was cut off. When Dima and I first met, I knew that Nadia practically did not participate in the child's life. she began to ask questions, “Why doesn't mom take her out of kindergarten?”, “Where is mom?” And when mom periodically appears, the child starts tantrums: mom appeared for half an hour and disappeared again for three months. Naturally, the child starts crying. Mom. "So it was at the beginning of our communication with her. And already at the age of three she stopped asking questions about mom. And then she said" I want a new mom. "It's scary that a child says such words," Olga shares.
All the children of the Nikitins call Dmitry dad, and Olga - mom. As a result, not even all of their acquaintances knew that the children were from different marriages. Until there was a scandal on a Russian scale.
In 2015, Nadezhda Tipakova filed a lawsuit to invalidate Dmitry's paternity record, since he is not the girl's biological father. And he knew about it in advance. Such is the game of "mom-dad". First Dmitry's mother writes down with his dad with his consent. And later he crosses out paternity against his will.
Of course, there are situations when adoptive fathers do not value their status - the child is not theirs. And the law probably just protects children from such dads. But in this case, the situation is exactly the opposite.From birth, Lada invariably lives with a person who, in her childhood consciousness, is the only father.
Of course, the direct procedure for recognizing paternity cannot be equated with adoption. But in simple, human, Great Russian language, Dmitry adopted Lada. And the secret of adoption must be preserved, and can only be disclosed by the decision of the parents. It was Nadezhda Tipakova who decided to open the eyes of her daughter, whom she practically did not see in her eyes for several years, to Dmitry. Now imagine the psychological state after this little epileptic child!
The courts - one after another - stamped the deprivation of paternity of Dmitry Nikitin. And they delivered a verdict - Lada must live with her biological mother. The joyful Tipakova immediately cashed out the maternity capital (Lada is her second, but not the last child from different men).
“When Lada arrived, the first month she still remembered Nadia.“I have another mother there,”she said. Then she stopped remembering. When the trials began, I asked:“Do you remember Nadia? She met you in Novorossiysk. "Lada did not remember any more. How can I pack a suitcase for a child and say:" That's it, go to Nadya. Because she gave birth to you. "I don't know what goals Nadia pursues, but she chooses very cruel paths towards the child," Olga Nikitina laments.
The authorities of Ugra so pathetically declare that the small residents of the Autonomous Okrug live happily and carefree that some even believe in it. Disappointment befell the inhabitants of the oil granary of Russia when the Ugra Generation Fund was disbanded. For many years, officials have promised from January 1, 2018 to start targeted payments (20 "minimum wages" each) to the Ugra residents who have reached the 18th birthday, and in June this year, the Fund was "nailed".
The story of Lada Nikitina also shocked ordinary citizens. It could have reached the rallies, which the governor Natalya Komarova and her subordinates are afraid of more than fire. Why did the guardianship authorities and the children's ombudsman Tatyana Mokhovikova not stand up to defend the interests of a young child living in Ugra?
“As soon as we started the trial, we turned to the commissioner for help, described the situation. First, we were told“we need to think.”Then we stepped aside, disappeared. When the serious trial began, we asked to find us a good lawyer. with the words “Only she can help you.” The lawyer eventually brought us under the monastery, - says Olga Nikitina. - As we later learned, she gave us wrong advice, took wrong actions, a lot of time was wasted. the lawsuit disappeared for another 8 months, during this time a lot of things could have been done. And the lawyer took a good amount of money, and as a result disappeared, stopped contacting us. That ended her advocacy. We had to change the lawyer."
From the materials of the Uralinformburo case, it is known that in the office of the Ombudsman Nikitin advised Flyura Miller. This is not a lawyer, but an individual entrepreneur from Khanty-Mansiysk who provides services in the field of law, accounting and audit.
None of Nikitin's journalists, whose history is described in many articles and told from the TV screen, has not previously been disclosed this information. And it is, perhaps, the key to understanding the behavioral reactions of Ugra officials.
For some of them, indifference to the history of Lada has already turned into a loss of a warm chair. It got to the point that the federal ombudsman Anna Kuznetsova was forced to send her representative to Ugra to monitor the observance of the girl's rights, whom Tipakova again tried to take away from Dmitry in mid-August.
This is an enforcement proceeding. There is a court verdict. The child lives with strangers for him - from a legal point of view - Nikitins.Go and explain this to Lada, who does not want to leave Dima's father and Olga's mother! Doctors, by the way, warn that a sick child may not survive the move to the south.
Neither February 1 nor August 17, the transfer of Tipakova's child took place. In the latter case, Lada refused to leave the car in which she was brought, and Kuznetsova's representative insisted on stopping this bullying.
"It's terrible when a child is treated like furniture: take and move him from one family to another, and she will calmly accept," says Olga Nikitina. to the people who love her, and who raised her from the cradle. And now we must tell her: this is really your mom, and dad is not your dad. Pack your suitcase and send it to no one knows where."
The instinct of an official is to hide your head when you screw it up. It would be nice if no one knew about this. And we must pay tribute to the Ugra journalists who dared to give publicity to this story under the information dictatorship. If it were otherwise, the bureaucratic skating rink would have mercilessly rolled up the Nikitins
Letters change in the law
Disenfranchised Dmitry Nikitin is not a figure of speech. He has no right to take Lada to kindergarten and even to the hospital. The girl's mother forbade him to do this. She did offer to send her own daughter to an orphanage.
Is there a ray of hope for dad and daughter? In theory, yes. On September 13, the Khanty-Mansiysk District Court, which deprived Nikitin of paternity in May 2016, will consider his application to review the court rulings that have entered into legal force on the basis of new circumstances.
The fact is that in May of this year, the Supreme Court of the Russian Federation adopted a resolution "On the Application of Legislation by Courts in Considering Cases Related to Establishing the Origin of Children." In fact, it "sews up" a hole in the Family Code of the Russian Federation.
If, at the same time as a claim for challenging paternity by the child's mother, a person registered as the child's father objects to the satisfaction of the claim, in exceptional cases, in order to ensure the best interests of the child and based on the priority protection of his rights and interests (Article 3 of the Convention on the Rights of the Child, para. 3 of Article 1 of the Family Code of the Russian Federation), as well as taking into account the specific circumstances of the case (for example, long-term family relationships that have developed between the child and the person recorded as his father, the child's stable emotional attachment to this person, the intention of the person to continue raising this child, and take care of him as his own child), the court may refuse to satisfy the claim for challenging paternity.
Is Lada Nikitina's case exceptional? Much more exceptional!
Will the Ugra court have enough common sense to arm itself with such a "straw" and save the face of Ugra? After all, otherwise Dmitry will have a way to the European Court of Human Rights, but the proceedings there will not be fast - will Lada withstand it?
Anna VASILCHENKO, Vadim DYNIN