Kidnapping in law: why Russian children cannot be returned to their homeland
The illegal export of minor Russian citizens by one of the former spouses, contrary to the decisions of the Russian courts and the wishes of the other spouse, is becoming a serious problem against the background of foreign policy events. There are 60 questionnaires in the public file of the FSSP "Attention, children are wanted!" at the time of publication. Almost every kid's footprints are lost after crossing the Russian border. This is confirmed by the story of a resident of Moscow, whose daughter was taken abroad by her ex-spouse, a citizen of Ukraine, in violation of a court decision. Izvestia investigated what was preventing officials from searching for young Russian citizens and arranging for their return to their homeland.
A game of hide and seek
On July 7, the Krasnogorsk City Court refused to terminate the enforcement proceedings for the return of the minor Dana Samokhvalova to the territory of Russia. Earlier, bailiff officers, who were tasked with finding the girl and returning her to her father, tried to suspend the search process through the court.
— Thus, the perpetrators wanted to shift responsibility for their inaction to the court, but the court stopped this attempt, — says the girl's father Dmitry Samokhvalov. — They call a telephone conversation with my ex-wife, who told them that she was not going to return to Russia, the reason for the suspension. Bailiffs have all the powers to find a citizen child in any country. They just don't want to do it.
Samokhvalov has been trying for several years to find out the fate of his young daughter Dana, who was taken away in violation of a court decision by his ex-wife Diana Sukhan.
— I am being transferred from one department to another, although the law and international law are on my side, — says Samokhvalov. — I have reason to believe that my daughter is in Finland — my ex-wife's relatives live there. But I didn't get any help from the bailiffs. They could contact the Finnish national institutions through the Russian Embassy and through inquiries to establish the exact location of their daughter. In this case, I could go there and contact local lawyers. I would have known that my daughter was alive and well. But this work is not underway.
Violators of the Convention
Russia, like most countries on the planet, signed the Hague Convention on the Civil Aspects of International Child Abduction on October 25, 1980. One of the goals of the document is to protect children under the age of 16 from the consequences of illegal displacement or detention. Illegal transfer is considered if "it is carried out in violation of the custody rights that were granted to any person, institution or other organization, jointly or individually, in accordance with the legislation of the State in which the child permanently resided before his transfer or detention." The Convention requires participating countries, in the event of a violation of this kind, to return the minor to the host country or, in any case, to conduct proceedings on such facts with the involvement of interested parties. However, the Russian law enforcement system still does not have an algorithm for such work.
— I found out that the Department of State Policy in the field of Protection of Children's Rights of the Ministry of Education is responsible for cooperation with foreign institutions regarding the return of children to Russia. An employee of the department gave me hope — I learned from her that my daughter was indeed in Finland, in the city of Vantaa. At first, I was informed that my daughter's mother refused mediation on the issue of return, but was ready to negotiate with me in Finland with the participation of a social worker. But when I started preparing for the process in Finland and asked the department for the number of the appeal under the Convention [on child abduction] and information about the current situation with the child, I was unexpectedly sent a reply stating that nothing was known about my daughter. An employee of the Ministry of Education who helped me quit the department.
In response to a request from Izvestia, the department explained that, indeed, the Department of State Policy for the Protection of Children's Rights of the Russian Ministry of Education performs the functions of the Central Body of the Russian Federation under the Convention on the Civil Aspects of International Child Abduction of 1980.
— As for the Samokhvalova case, we inform you that on October 3, 2023, the Department sent a request for the return of the minor to the Central Authority of the Republic of Finland. There has been no official response," Anton Zharov, head of the Information Planning and Regional Cooperation Department at the Department of External Communications and Reference at the Ministry of Education of the Russian Federation, told Izvestia.
The representative of the department noted that on September 18, 2024, a second request was sent to the Central Authority of the Republic of Finland in order to clarify the status of the above-mentioned case. There has also been no official response.
At the same time, according to the Russian Post, there is currently no postal exchange with the Republic of Finland.
In order for the central authority of the State in which the child is located to consider a request under the 1980 Convention, it is necessary that it operate between the State of the child's permanent residence and the State to which the child is allegedly transferred. The 1980 Convention between the Russian Federation and the Republic of Finland has been in force since January 1, 2013.
"The central authority of the Russian Federation does not have the authority to assist applicants in filing a claim and providing further legal support in the framework of legal proceedings on the territory of foreign countries," said a representative of the Russian department. However, he noted that the return procedure under the 1980 Convention does not involve the forced removal of a minor. Thus, only the competent court of the State in which the minor is located will decide whether to return or refuse to return.
Escapes from Russia
The dramatic situation in the once prosperous Samokhvalov family began to develop during the pandemic and reached its peak after the outbreak of the pandemic. His wife, a native of Transcarpathia, stated that she intends to leave Russia with their daughter to relatives who have settled in Europe. The man tried to dissuade his wife from an emotional decision, but it came to a divorce. Initially, the court determined the place of residence of the child with the father. The girl was very attached to him.
However, later the court in Penza (where Samokhvalov is officially registered) sided with the mother — the bailiffs handed over the child to Diana Sukhan without documenting it. Later, the woman took her daughter to an unknown destination. In January 2024, the court in Krasnogorsk (where the girl's mother was officially registered) again determined the place of residence with her father. Meanwhile, it turned out that Suhan left Russia in the fall of 2022 — first she went to Belarus, then crossed the border into Poland.
It was later established that the child and his mother ended up in Helsinki, and then in Vantaa. During all this time, the father was not allowed to communicate with his daughter.
This is not the first dramatic story involving the illegal removal of children from Russia by one of the spouses against the will of the other parent. A resident of Saratov is unsuccessfully trying to find her sons, who were taken abroad by their father. A Palestinian citizen tricked the kids into returning to their homeland, Bethlehem. It is noteworthy that both the Russian and Sharia courts sided with the woman. According to unconfirmed reports, despite this, the Palestinian took the children to Turkey.
As expected
— According to Russian law, if a child travels abroad with one parent or another legal representative, the consent of the other parent is not required. However, the document may be required according to the rules of the country where the child enters, and it may be requested when applying for a visa or at the border, the press service of the Federal Notary Chamber explained to Izvestia. — If a child goes on a trip abroad with another relative, family friends, coach, and so on, the person who accompanies him must have a notarized travel consent from one of the parents. The consent must specify the countries to which it applies. You can agree to travel to one specific country, or you can go to several countries at once. There is also a possibility of variability in terms of time: you can arrange consent for a specific trip, for a year, two or several years at once," the department said.
If the parent is against the child leaving the country without him, you can submit an application to the Ministry of Internal Affairs for a ban on the departure of your son or daughter abroad. Moreover, you can specify the duration of such a ban and the specific states to which it applies. If necessary, the ban can be revoked, and if the other parent does not agree with him, he can go to court.
Izvestia sent a request to the FSSP, but no response had been received at the time of publication.
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