Supervisory complaint on the Rejection of my Hague Application from the 12th of July 2018 and APPLICATION for Reinstatement of Procedural Time Limits to the Chairman of the Supreme Court, Mr. SUKALO Valentin Olegovich. Submitted 2nd of December 2019.
Judge Valentin Olegovich Sukalo – Chairman of the Supreme Court of Belarus
Excerpts of the Appeals/Claims
The Hague Case:
Supervisory claim to the decision of the Octyabrsky District Court of the city of Minsk dated July 12, 2018, and the determination of the judicial board for civil cases of the Minsk city court on September 10, 2018, based on the statement of claim by the citizen of the Kingdom of Sweden Nicholas Cheropoulos to the citizen of the Republic of Belarus Lyudmila Arkadyevna Trafimovich on the return of children in accordance with 1980 Civil Abduction Convention.
Reinstatement of Procedural Time Limits, I appeal for admission of the case to the consideration by the supervisory authority of the Supreme Court.
The Complete Supervisory Complaints:
2019-12-02 RU SUPERVISORY CLAIM to The Chairman of The Supreme Court, Mr. Sukalo Valentin Olegovich
2019-12-02 RU&EN APPEAL for ADMISSION of CONCIDARETION of my CASE of the SUPERVISORY AUTHORITY of The Supreme Court
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2020.01.13 Consideration and Rejection of the Supervisory Complaints
Deputy Chairman of the Supreme Court, Mr. A.A. Zabara
The Complete Answer with Rejection dated 13th of January 2020:
Re: Consideration of appeal
The Supreme Court of the Republic of Belarus has performed a supervisory review of the case on a dispute between you and L.A. Trafimovich regarding the return of the children in accordance with the Convention on the Civil Aspects of International Child Abduction.
In accordance with the decision of the Oktyabrsky District Court of the City of Minsk of July 12, 2018, upheld by the ruling of the Judicial Panel for Civil Cases of the Minsk City Court of September 10, 2018, the claims were denied.
Considering court orders to be unlawful and ungrounded, you demand their reversal.
The appeal is dismissed on the basis of the following.
According to Article 12 of the Convention on the Civil Aspects of International Child Abduction (concluded in The Hague on October 25, 1980) (hereinafter referred to as the Convention), where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution, or other body that opposes its return establishes that there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation (Article 13 of the Convention).
The court established that between 2008 and April 2017, you lived in Stockholm together with L.A. Trafimovich, with whom you have daughters Anthie’ Anthoula Cheropoulou, born on June 8, 2012, and Alexandra Cheropoulou, born on April 01, 2015, who are both citizens of the Republic of Belarus and citizens of the Kingdom of Sweden.
On April 18, 2017, L.A. Trafimovich flew with the children to Belarus.
After returning to the Republic of Belarus, your daughters, together with their mother, were registered and permanently reside in a comfortable three-room apartment No. 24 in building No. 64 at Kizhevatova Street in Minsk.
In the materials of the case, it is established that the children attending kindergarten No. 480 in Minsk are observed in the healthcare institution “City Children’s Outpatient Clinic No. 13”.
Anthie’ Anthoula is a member of the aesthetic team gymnastics sports group.
Your daughters are characterized as sociable, friendly, inquisitive children who easily come into contact with adults and children. Their good level of physical and intellectual development and a penchant for creative activity is especially noted.
According to the results of a psychodiagnostic examination of the children, it was found that your daughters are emotionally attached to both parents. At the same time, while they experience the need to communicate with you, the girls have a closer and more trusting relationship with their mother, who takes care of them, is engaged in their upbringing, and provides parental care.
The court found that L.A. Trafimovich properly fulfills parental responsibilities and has created the appropriate conditions for the development and education of the children in the Republic of Belarus.
These circumstances were confirmed in court by a representative of the competent guardianship authority.
Considering the children’s young age, and their special affection for the mother, who has been caring for them since birth and has been properly fulfilling parental responsibilities, the court reasonably agreed with the opinion of the guardianship authority that separation of the children from their mother and return to their country of permanent residence is not in their best interests and can cause them psychological damage.
In such circumstances, the court has rightfully refused to satisfy your claims.
Право а-ля Беларусь
Court decisions in the case were made in accordance with the actual circumstances and requirements of the law. The court did not allow violations of procedural rules entailing the abolition of court decisions by way of supervision.
For the stated reasons, it was refused to bring the protest to reverse the court decisions.
Please note that this decision in no way excludes the possibility of your participation in raising your daughters, including the establishment by the court of the procedure for your communication with the children.
Annex: 48 sheets, 1 copy
Deputy Chairman of the Supreme Court of the Republic of Belarus /signed/ A.A. Zabara
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