Supervisory APPEAL submitted on 17th of January 2020 against the decision of the Oktyabrsky District Court of the City of Minsk of December 27, 2018, and the Ruling of the Judicial Panel for Civil Cases of the Minsk City Court of April 29, 2019, in the Civil Case Based on the Statement of Claims of the Citizen of the Republic of Belarus Liudmila Arkadyevna Trafimovich against the Citizen of the Kingdom of Sweden Nicolas Cheropoulos on Determination of the Place of Residence of Minor Children, on Alimony for the Maintenance of the Minor Children and on Establishment of a Different Procedure for the Travel of the Minor Children.
The Supervisory Appeal was submitted to the Chairman of Minsk City Court, Mr. P.I. Korshunovich 17.01.2020.
Судья Павел Иванович Коршунович
Председатель Минского городского суда Беларуси
The submitted Supervisory Appeal was REJECTED by the Chairman, Mr. P.I. Korshunovich of the Minsk City Court.
Excerpts of Mr. Korshunovich Rejection:
Your arguments in the appeal regarding the violation by the court of the procedure for notifying you in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965, are not grounds for revoking the court decisions, since you were in the territory of the Republic of Belarus during the consideration of the case and the plaintiff notified you of the need to appear in court.
Your arguments regarding the immunity of this dispute from the jurisdiction of the court of the Republic of Belarus do not correspond to the materials of the case since the plaintiff filed a lawsuit with the court on April 27, 2017, that is before you filed a lawsuit regarding the establishment of custody of children in a court of the Kingdom of Sweden (May 30, 2017). The children are citizens of the Republic of Belarus, and they have been living in the territory of the republic with their mother, who is a citizen of the Republic of Belarus, for more than a year. The stated claims for the children’s place of residence are interrelated with the requirements for the recovery of alimony. Therefore, this dispute is within the jurisdiction of the court of the Republic of Belarus, and the court lawfully applied the legislation of the Republic of Belarus to the disputed legal relations.
Rule of Law in Belarus