More than a year, transgender woman Alice fights for the righto see her son. Her ex-wife claims that Alice’s transgenderness negatively affects the child despite the fact that she herself had stayed with Alice 4 years after the correctional surgery. However, Alice do not give up hope to participate in her child’s upbringing.
“Most part of our marriage she called me Alice”
Alice is a transgender woman. After the correction, she and her ex-wife had lived together for 4 years. As Alice puts it, “She called me Alice most part of our marriage, and it was her who insisted on surgical correction and supported it financially. I had doubts about that but she wanted my documents to be changed”.
Few years ago, the couple moved to Uruguay, where society is more tolerant towards homosexual, bisexual and transgender people. There Alice broke up with her wife and met Gabriella. In fact, it was the relationships with another woman that led to the divorce; exactly this reason is mentioned in the application for divorce. Much later, in 2015, an expert opinion stating that surgical correction became the reason emerged.
“Last time I saw my son in July 2014”
In summer 2014, Alice’s ex-wife with the child returned to Russia without saying any word to Alice. In Moscow, she applied for divorce and their marriage was terminated. In order to see her son, Alice and her new partner Gabriella came to Russia but she was not allowed to see her son. Moreover, Alice’s ex-wife filed an application to the court to restrict her parental rights, stating that Alice’s transgenderness negatively affects their child. “Last time I saw my son in July 2014. I tried to meet him at school and at home, but wasn’t allowed”.
In August 2015, one of the Moscow district courts decided that restriction of Alice’s parental rights is simply unreasonable, but her ex-wife filed an appeal.
In the end of December 2015, Moscow City Court decided that Alice’s parental rights should be restricted because of her transgender identity. As an evidence, the results of the psychological expert report, and photos from Alice’s second wedding were presented.
According to the lawyer Igor Davidov, the decision of the Moscow city Court is groundless and unlawful. “The decision of the court is based on mere assumptions, and the main evidence is the expert report, conducted in Alice absence. Moreover, Alice was not notified about this expertise, and not invited to take part that is grave violation of the laws. Even murderers are rarely deprived of parental rights”. The lawyer filed a cassation appeal.
“I believe that I have a chance to reinstate the parental rights. There are no evidences of my negative influence but this expert report, which was prepared with numerous violations and comprise a number of serious errors. I want to tell this story because other transgender people should know that such things are possible. I did not know about such cases when I decided to go through correction. And if I knew, I would have done something differently.”