Parental international kidnapping
International Child Abduction
– returning the children back home.
Living of children in families where
the parents are citizens of different states is linked with
danger for the child or children when the family breaks up to
be with one of the parents in a foreign country.
Whereby the parent who abducts (takes
away) the child to the country of his citizenship always acts
secretly, covertly and unexpectedly.
The other parent goes to work or
on business and returning home does not find children. Only
after a while, he realizes that the child or children have been
taken out of their country of residence and it is very difficult
to bring them back home.
Whereby the parent who abducted the
child may begin to hide in the country of his citizenship and
hide the location of the abducted child.
The procedure described by the Hague
Convention of 1980 on the civil aspects of international child
abduction (hereinafter the Convention) is applied to return
the child to his country of residence.
On July 28, 2011 the Russian Federation
joined to this Convention, which entered into force for Russia
on October 1, 2011.
It is necessary to start searching
for a child with the help of a lawyer and other legal means
in the country of citizenship of the parent who has abducted
The lawyer Maria Yarmush
helped a lot of parents to find the abducted children, who in
some cases were returned to their country of residence by the
Russian court, in other cases a connection with these children
was found and the order of communication of a parent living
apart was determined in court.
So an Italian citizen has asked the
lawyer Maria Yarmush to return his five-year-old son, taken
away by his Russian mother from Italy to Moscow.
This man was married to the mother
of the kidnapped child. Spouses have been living together in
Italy in their own home for more than five years. Their son
was born in Italy. Whereby the intention of the spouses was
to permanently reside in Italy.
The child has acquired Russian citizenship
with the consent of his father but the child has never lived
in Russia. The child speaks Italian. The boy does not speak
The mother of the child took her
son out of Italy to Russia by deceit, where she has been keeping
him since that day isolated from his father.
Such actions of the child's mother
by virtue of the Convention are interpreted as international
The child’s father found out that
his wife had filed a claim in a Russian court demanding the
dissolution of the marriage and the determination of the child’s
place of residence with her.
The case, initiated by the child’s
mother, was suspended at the request of the lawyer by the court
until the consideration of the application of the father of
the child by the other court about the return of his son to
The father of the child also,
on the advice of the lawyer, appealed to the central authority
- the Ministry of Justice of Italy - for the return of the illegally
displaced child in accordance with the Hague Convention on the
civil aspects of international child abduction.
Thus, the mother of the child
illegally took away her son from Italy to Russia without informing
the father of the child or receiving his consent to move his
son. The father claimed the return of the child.
However, the Russian court
refused to return the child to Italy, regardless of the fact
that at the time of the transfer the child had a permanent/usual
residence in Italy, indicating in its decision that there was
no court decision at the time of the child’s departure on determination
of the residence of the child with father in Italy, so the mother
had the right to go with her son to Russia.
Such decision of the Russian
court is controversial and not fully compliant with the Convention.
But the father of the child,
on the advice of the lawyer, had to come to terms with his son
living in Russia with his mother and ask the court to determine
a good order of communication with the child with the ability
to travel to Italy for summer holidays.
In another case, the father
of the child - a US citizen, by a court decision of the American
court had full custody of his son after the divorce.
The mother of the child - a
citizen of Russia, and she had a contact schedule with her son
during which she secretly took her son away to the Russian Federation,
where she began to hide.
It was impossible to return
the child to the father in the United States since Russia and
the United States do not have the agreement on the recognition
and enforcement of court decisions. In addition, the United
States has not ratified the Convention of 1980.
Under such circumstances, the
Russian court would not have been guided by the decision of
the American court on the place of residence of the child and
would not have returned the child to the United States by virtue
of the Convention.
The mother, in this case, would
have more chances to determine the residence of her son with
her in Russia in the Russian court.
The lawyer Maria
Yarmush began searching for a child, and at the same time, a
petition was filed to the Russian court to determine the order
of communication between father and son.
This order of communication
was determined by the court. Later on, the child wanted to return
home to the USA with his father. The mother of the child could
not resist her son and was forced to agree.
Thus, it is not always possible
to use the Convention to return a child to his country of residence.
In some cases, a parent living apart may begin to communicate
with the child on the basis of a court decision and in the future
receive a new decision on the return of the child to his country
The dispute about international
A citizen of Romania applied to Maria
Yarmush to return her son who was held in Moscow by his father.
The child was born in Romania and
lived with his mother. The father of the child is an Italian
citizen who lived and worked in Moscow.
For a short time the mother and
son stayed at the father's place in Moscow and then they went
home. The boy’s father took the child out of Romania by deceit
and began hiding him from his mother, holding him in Moscow.
Maria Yarmush initiated a civil
case in the Tverskoy District Court of Moscow with a claim for
the return of the child to Romania to the mother.
The court fully satisfied the claims
and decided to return the child to the mother for living with
her in Romania.
The child was found, the court decision
was executed in full with the help of the lawyer.
you can study the decision of the Russian court in the present
contact order case in Russia >>>
about children >>>