Monday, May 21, 2007

Russian courts

For all the questions about the rule of law in the new Russia, the family court proceeding for our adoption of Phoebe would be instantly recognizable to anyone who's ever watched a t.v. courtroom drama. One key similarity is the closed and strictly confidential nature of family court proceedings. As such, I'll say very little about the content of the proceedings.

There were only 9 people in the courtroom, all with an official connection in the proceedings: the judge, her secretary (who takes down the official record not stenographically but longhand with pen and paper!), and the government's attorney were in front of the bar of the court. Behind or at the bar at various times were Alesa and I, our translator, our agency's representative, the orphanage director, and an official of the Ministry of Education. this last official was required to certify that Phoebe had been on the official database of adoptable children for the minimum period of time, that Alesa and I had met the child and that she had observed the meeting, and that the Ministry approved the adoption. The orphanage director
read into the record various details of Phoebe's history and also opined that the adoption would be in her best interests.

The courtroom itself was small. In front of the bar, there was room only for the bench, and two counsel's tables facing each other and at right angles to the bench. Behind the bar, just two rows of seat. Unlike most American courts, there was no passage through the bar. There was a dais in the middle of the bar, from which Alesa and I spoke in turn, but it was permanently fixed to the bar rail on either side. Behind the judge was a red seal with a brass Russian double-headed eagle emblem, and the flag of the Russian Federation hanging on the wall below it.

The legal standard that governed the case is in essence the same as in U.S. family courts: the best interest of the child. All the testimony was framed in those terms,and the court's judgment was that it would be in Phoebe's best interest for us to adopt her. Sure hope she's right!!



Here's a photo of the entrance to the courthouse. The Russian transliterates to Tyumenskiy Oblastnoy Sood, and translates as Tyumen Regional court.

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