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Nicolas

BY 2018.11.29 Article about the Abduction of my Daughters – How Spouses Abduct Their Children Without “Knowing” (!?) – by Aif.By

How Spouses Abduct Their Children Without Knowing (!?)
«Ребенка украли!». Как супруги воруют своих детей, сами о том не подозревая (!?)

A citizen of the Republic of Belarus took her children from her husband in Sweden and took them to her native country. A Swedish court found her guilty of child abduction. Now she is pursued in accordance with the legislation of the European Union.

How Spouses Abduct Their Children

It is time to become reliable and responsible parents who do not
plunge children into international conflicts.

Any citizen of our country who is married to a foreigner could find him- or herself in a similar situation. AiF examines the situation together with lawyers.

The media have recently covered cases when Belarusian mothers fought for their children, who were taken abroad by their fathers or kept there, preventing communication with the children. Such cases evoked natural sympathy from readers. They wanted those moms to reunite with their babies. Meanwhile, few people think about reverse situations, when our compatriots – fathers, and mothers – could become abductors.

Here is a real story that was so romantic in the beginning. A Belarusian woman met a Swedish citizen and moved in with him. The couple had two charming daughters adored by both the father and the mother. The “Swedish fairy tale” ended one April day when the Belarusian took two girls (6 and 3 years old) from the kindergarten not home, but directly to the airport. The day, which started for them with breakfast in their native Stockholm, ended with dinner in an unfamiliar Minsk.

The next morning in Stockholm, the father filed a police report on the abduction of the children. He could not imagine where his family had gone. Then there was the court hearing, during which the unauthorized actions of the mother, who had snatched the children from the place where they had been born and grown up, were considered as an abduction. The court ruled to return the children to Sweden immediately and to grant the father the right to be the sole guardian.

Then there was invoked the Hague Convention on the Civil Aspects of International Child Abduction of 1980, which our country joined more than 20 years ago. The case moved to Belarus, and the 1.5-year consideration of the application for the return of the children, filed by the father, ended with the decision of the appellate court, which denied the father the return of the daughters to Sweden.

Attorney Yelena MASHONSKAYA

Attorney  Ms. Yelena MASHONSKAYA

According to the expert, the decision of the Swedish court entered into force much earlier than the ruling was made in Belarus, and it is valid in many countries, including the EU countries.

“This means that within the jurisdiction where the Swedish decision is valid, the “abductor mother” is pursued in accordance with the legislation”, continues Yelena Mashonskaya. “And it is unlikely that it will be possible to collect alimony for the children in Sweden. Although Belarus has joined the Convention on Child Support, it is not difficult to foresee the answer to the question of whether the country will recognize a foreign decision that contradicts its own”.

The Strategy of the Abductor

When is it an abduction?

In their denying the return of the children, the Belarusian courts are guided by the fact that they are citizens of our country.

Attorney Aleksandr KORSAK

Attorney Mr. Aleksandr KORSAK

The application for the return of the child is subject to consideration on formal grounds, without consideration of the case based on the merits. In those cases when it is established that the child is illegally transferred from the place of his or her permanent residence, especially if the return mechanism is launched within one year from the moment of the illegal transfer (retention) of the child, he or she should be promptly returned to his or her place of permanent residence.

Without violating the law

One can remain within the legal boundaries only if the transfer (retention) is legal, i.e. if the other parent gives his or her consent. The Convention also specifies some exceptions, including the establishment of circumstances by the court, which confirms that upon their return, children may suffer mental or physical violence (abuse, intimidation, the threat of “leaving”).

Without Violating the Law

“The most important thing, in our opinion, is to learn to understand and respect the law, to change the obsolete ideas about parenthood,” says Aleksandr Korsak. 

Experts recommend consulting with specialists when entering into a marriage with a foreigner and taking care of drawing up a prenuptial agreement, providing different options for the legal solution of possible problems, including those involving children.

Source:
RU https://aif.by/social/rebenka_ukrali_kak_suprugi_voruyut_svoih_detey_sami_o_tom_ne_podozrevaya

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