Transferred to custody: the court limited the rights of the mother and father of the girl who lives in the clinic from birth

On February 5, Natalya Karzhavina, a judge of the Presnensky District Court of the City of Moscow, ruled on limiting the parental rights of the father and mother of five-year-old Alexandra Zinkina. The girl who lived at Mother and Child clinic since birth will now be transferred under the guarantee of the Moscow guardianship authorities. Parents Yuri Zinkin and Tatyana Maksimova are required to pay alimony to the girl in the amount of a quarter of their own earnings.

Five years in prison

According to RT, Alexandra Zinkina was born in March 2014, she was very premature at the end of her second trimester of pregnancy. She was the fourth child of the spouses Yuri Zinkin and Tatyana Maximova. Childbirth was taken in the Moscow private perinatal medical center (PMC) "Mother and Child" by the famous gynecologist Mark Kurtser. After a short time, when the condition of the child returned to normal, Alexander was given to his parents.

But a few days later, the couple returned the girl to the clinic with a complaint about the "sudden respiratory arrest" of the baby. Doctors assured parents that there were no serious reasons for concern, but the girl was hospitalized.

As RT used to tell, Yuri Zinkin paid for his daughter's maintenance in a clinic in a separate family ward, and hired two nannies for her. The mother only occasionally visited the child, because, according to her representatives, "she had to educate the other three children."

The cost of Alexandra’s stay in the clinic, according to media reports, was approximately one million rubles per month. She was under the control of doctors and educators and from birth did not leave the hospital, she did not have the opportunity to communicate with peers.

Until 2019, Mother and Child did not object to the presence of a “special” patient. However, over time, doctors began to fear that the girl may experience psychological problems due to the constant presence in a confined space without normal communication.

In addition, according to examinations, the girl was already completely healthy and did not need in-patient treatment. After that, the medical institution terminated the contract with Alexandra's parents and wrote an act "on the eviction of a minor from a non-residential premises." When the parents refused to take their daughter, “Mother and Child” appealed to the court with a request to stop violating the girl’s right to live in the family.

The first and second instance courts ruled that the girl was required to be returned from the clinic to her family. All the time of litigation (spring-autumn 2019), Yuri Zinkin paid for Alexandra’s maintenance, but the PMC returned the money back. The bailiffs could not find Alexandra's parents and put them on the wanted list. Ward filed a lawsuit against Yuri and Tatyana to restrict their parental rights.

Zinkin and Maksimova filed counterclaims against Mother and Child about the violation of their rights as consumers and the illegal enrichment of the PMC. However, their claims to the clinic were rejected. Also, Alexandra's parents, according to their representatives, were surprised that someone was looking for them. Allegedly, they did not know about court decisions and enforcement proceedings.

Position of parents

On Wednesday, February 5, a second meeting was held on the lawsuit of custody of the restriction of parental rights Zinkin and Maximova and the payment of alimony for the maintenance of her daughter. Neither father nor mother came to court. Yuri was represented by attorney Nina Savinykh, Tatyana - Olga Lukmanova. According to the advocates of the parents, Alexandra’s father was on a business trip, and her mother could not come due to the fact that she was diagnosed with cancer.

The plaintiff was attended by a delegation of representatives of the guardianship authorities of the Arbat and Novocheryomushkinsky districts. The clinic “Mother and Child” in the process was declared a “third party”, it is represented by lawyer Anatoly Kleimenov and the head of the legal department of the PMC Ekaterina Larina. The process was open.

The meeting began with a statement from the side of the defendants' petition for the examination of the written PMC epicrisis. At the same time, the main claims of the Savinykh and Lukmanova were based on the incorrect execution of a medical document, for example, the lack of necessary seals.

According to lawyers, the illegality of the epicrisis leads to the invalidity of the act of evicting the girl from the clinic. Consequently, there should not have been questions about the “forcible detention” of the child in the PMC.

“All abuses are associated with discharge epicrisis. It became the basis for the act on the obligation to pick up the child, ”Nina Savinykh said in court.

Guardianship, the prosecutor and representatives of the clinic objected to this request. In their common opinion, the issue of the validity or invalidity of an epicrisis can be singled out in a separate lawsuit against the PMC, as well as other issues of providing medical care to a child. At the current meeting, they said, the issue of the constant five-year-old girl being separated from the family was considered, which violated Alexandra’s right to full development. At the same time, the guardianship did not accept the arguments of the defendants' lawyers that the parents spent a lot of money on its maintenance in the PMC. As a result, the judge rejected the request of the Savins and Lukmanova.

Representatives of the defendants defended their position in an aggressive manner. The Savinykh lawyer even commented on the judge and the court stenographer. The protection of Alexandra's parents required a full forensic examination (SME) of the girl’s condition, to answer many questions about her health, forecasts and whether she can be kept outside the hospital.

In addition, the defendants denied that the contract for the maintenance of the girl with the PMC was terminated, threatening to claim that its cancellation was illegal. Lawyers also insisted on involving the Moscow Department of Health in the process.

The lawyers added to the materials of the audio recording of the conversations of the girl with her mother and photographs of Tatyana Maksimova confirming the poor health of the woman. “Everyone loves you. I want you not to cry or get nervous. Mom keeps everything under control, ”Tatyana Maksimova said on audio recordings.

Representatives of the PMC responded to this, that “with all due respect to the defendant’s side, the grave condition of the mother in itself is the basis for restricting parental rights.”

Clinic Position

Ward, in turn, asked the court to appoint a psychiatric examination of the parents to determine the degree of adequacy of their actions and was not against the girl’s SME. “We want to know in what condition we will have to accept it. How will it merge into the new environment, ”said Arbat, a representative of the OSZN. The representatives of the PMC took a neutral position and objected to all the petitions, considering them irrelevant or insignificant.

PMC lawyer Ekaterina Larina accused her parents' lawyers of abusing the right and emotionally spoke about how to behave truly caring parents. “I myself am the mother of three children. If I thought the clinic was bad and worried about the child, I would have taken it away from there and given it to the best doctors, ”said Larina.

At the same time, monetary issues were discussed at the meeting, rather than how Alexander feels and whether she can really leave the clinic. The PMC considers her healthy, the custody is not up to date, and the defendants do not believe the doctors of the clinic. The only disease of the girl that was mentioned was apnea, with this diagnosis she got to the clinic almost six years ago.

The party of defendants intends to appeal the decision of the Presnensky District Court.

RT will continue to monitor the process.