Recently, a Muscovite Irina Zhivova published on her page a sad and outrageous story about how her ex-husband is trying to sue her common children - two daughters.
“The background is such. There was a wonderful family, where everyone was looking in the same direction. Many years. At the moment when all the friends around began to get divorced, they said about us that we are the last stronghold of family happiness. But three years ago, a person had a banal midlife crisis - at work he achieved everything that a decade went to: porsak, free schedule, x10 in income at one moment, his wife is beautiful, children are well-educated and smart, and it became boring
A new love of my life has appeared, I have a miscarriage, instead of supporting me, it psychologically tortures me for a week, at the end of which I, exhausted and nervously exhausted from everything that happens, fall in the mountains and get a terrible knee injury. Another half a year of operations and rehabilitation, during which I deal with 2 children on crutches, earn money for my treatment, get him some crazy gifts for February 23, and that's all
But all this, in general, as it turned out later, he did not care because he was developing the "love of his whole life" in parallel, and I am only maddening him with my "ideality"
from the personal archive of Irina Zhivova
He rents an apartment in a nearby house and I learn about it from a five-year-old child whom he took there.
As a result, in the winter I take responsibility for myself, rent an apartment and move into it with my children.
But! before filing for divorce, he insists on concluding notarial agreements on determining the place of residence of children, alimony for children, alimony for me and division of property Spoiler - he does not intend to comply with any of them
But I don’t know about it then, I believe the person with whom I lived for more than 10 years and from whom I gave birth to 2 children, we conclude them and file for divorce. Well, then 3 years in hell. Every day I become "dumber, more tasteless and stupid, more and more greedy and worse mother." The year of the courts because he just scored on all the agreements
Miraculously rendered in his favor impartial decisions in the Nikulinsky court - 6 pieces! According to these decisions, the property is divided so that he gets an apartment, a parking space, a porsak, a motorcycle, and I get the entire loan debt for the entire period of marriage and more, as it were, everything. They refuse to pay his debt under a notary transaction and simply terminate this agreement
Well, the ending! The main place of residence of two girls is determined by the court of the type according to the place of residence of the father (who did not come to any process, did not provide any evidence, gets confused about where the children study and what clubs they go to, against three volumes of evidence in my favor) Yes, papa earns normally, can afford"
from the personal archive of Irina Zhivova
Irina's lawyer, Victoria Dergunova, is trying to help her, but her ex-husband has so far magically won all the courts one after another.
Here is what Victoria writes: “The bottom line at the moment is the following situation:
- The judge terminated the notarized alimony agreement concluded between the parties for the spouse and refused to recover the unpaid half of the amount established by the agreement, interest for late payment due to non-fulfillment on a voluntary basis. We do not yet know the grounds for refusal; a reasoned decision has not yet been drawn up.
- The judge determined the place of residence of two girls with their father, despite the fact that: one of them has reached the age of 10 and expressed an opinion about the desire to live with their mother; we presented about 500 sheets of evidence about the absence of grounds for changing the current place of residence of the children, their usual way of life, the presence of emotional attachment to their mother and grounds for their separation. In the order of communication between mothers and girls, we were refused even to hold joint vacations, having allocated 4 days off a month for communication. What "inner convictions" the judge was guided by, we still have to find out, since a reasoned decision has not yet been written out.
Also, another judge of the same Nikulinsky District Court of Moscow, Irina was recovered a debt under a loan agreement in the amount of more than 5,000,000 rubles for a period exceeding 6 years. The judge did not accept the argument about missing the limitation period, referring to the invalid clarification of the Plenum of the Supreme Court of the Russian Federation in the reasoned part of the decision. Likewise, the judge ignored the condition of the marriage contract that "after the payment of these debts, the spouse who has paid off the debt has no right to make any claims against the other spouse."
Victoria also wrote how you can help Irina:
- I ask all the mothers whose children the Nikulinsky District Court of Moscow (in particular, Fed. Judge Y. Golyanina) determined with the fathers, and who managed to cancel these court decisions in the appeal, send us the court decisions for legal analysis;
- We ask for public disclosure of the situation as a whole, since the court handed over the children to the upbringing of a person whom, firstly, he had never seen, and who, secondly, committed against one of the girls no later than 19.10.2019 “other violent actions, namely pushing, shaking, grabbing the hands, causing physical pain, as well as bodily injury in the form of bruises and abrasions to the left elbow, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation (from the protocol on an administrative offense);
- Personally, I ask all the mothers who have them. The children were taken away from the Russian Federation, but who found the strength to continue to fight for their right to be with them, to support Irina, who is now having a very difficult time"
If suddenly you know how you can help Irina, be sure to write to her - she will be glad for any help!