BGP Litigation Successfully Defends Private Client in Child Residence and Maintenance Dispute

BGP Litigation has successfully represented a private client owner of a software company and a factory in China in a legal dispute at the appellate court level over determination of his children's place of residence and recovery of child maintenance payments.

The client, father of two daughters, approached BGP Litigation after the court of first instance ruled against him, determining that the children should reside with their mother and imposing excessive child maintenance payments on him, including retrospective payments for the period when the children had been living with him. Despite the court’s ruling, the children insisted on returning to live with their father, citing physical and psychological abuse from their mother, and remained in his care.

To protect both the client and his young children, the BGP Litigation team devised a strategy that encompassed not only preparation of procedural documents but also initiation of child protection measures. This involved reporting the physical harm inflicted by the mother to the law enforcement authorities and child welfare services in order to safeguard the children and provide the appellate court with an objective assessment of the mother’s failure to fulfil her parental duties appropriately.

Thanks to the well-crafted legal strategy and diligent execution, the opposing party accepted BGP Litigation’s proposal to settle the case by mutual agreement in the appellate court. Under the terms of the settlement, the children now alternate residence between both parents, with both parties agreeing to respect the children's wishes and to preclude any mistreatment. Another significant outcome of the settlement was that the mother withdrew her claim for child maintenance, including arrears. Despite the complex and inconsistent legal precedent regarding feasibility of such a settlement, BGP Litigation’s legal team successfully persuaded the appellate court that the agreement served the best interests of the children and secured its approval, thereby closing the case.

The project was led by Gayane Shtoyan, BGP Litigation Attorney and Counsel, along with Junior Associate Anna Sgurina and Paralegal Olga Dvoryankina.