Premise.

The issue relating to the international abduction of Ukrainian minors is serious, difficult and opposed in Ukraine, there is no point in denying it. This does not mean that a desperate parent must a priori renounce the actions permitted by the international legal system, but, at the same time, it is necessary to immediately understand what the panorama will be faced with, so as not to transform illusions into heavy disappointments. By the way, tVery often this firm is contacted by subjects involved in certain problems either directly (parents and relatives) or indirectly (law firms, assistance bodies, associations and the like), who read in hand, have the mathematical certainty of an almost immediate solution to the procedure. We would like to say it: this is not the case! 

LUkraine is a strong state from the point of view of law and protects its citizens, both with the current constitution and with the foundations of the penal code. References to cases resolved in other states, even neighboring ones, are devoid of any foundation. It would be like saying that the jurisprudence of one independent State has effects in others. 

What is expressed derives from the evaluation of two essential legal concepts for Ukraine: 

1)  (art. 7, paragraph 2, current Ukrainian Criminal Code) If the persons referred to in paragraph 1 of this article (citizens of Ukraine and stateless persons permanently residing in Ukraine) have committed crimes outside Ukraine , crimes cannot be prosecuted in Ukraine for these crimes;

2)   (art. 124 current Ukrainian constitution) judicial functions cannot be delegated to bodies other than state courts.

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The foregoing considerations of Ukrainian law are fundamental to understanding the situation regarding the abduction of minor children in Ukraine.Criminal complaints made abroad, such as California Criminal Law Section 278/5 or art. 574bis of the Italian penal code, due to the reference to the aforementioned article 7 of the Ukrainian penal code, have no effect in Ukraine, since these are cases not foreseen by the Ukrainian legal system.Furthermore, they cannot be recognized as valid in Ukraine by virtue of the art. 124, of the constitution. For further information it is advisable to visit the   “international criminal law and Ukraine”.

To date, the path recommended by this firm is to turn to "real" experts in both Ukrainian and international, integrated and community law, before following up with "hasty and amateurish" actions, which are often counterproductive. Just understand one point  among many. The Ukrainian mother criminally reported abroad (outside Ukraine) has the right - by law - to refuse to return to the State in which the abduction of the child was carried out, for fear of being involved in a criminal trial for a crime not covered by the Ukrainian judicial system and therefore not constituting a crime. At the same time, whoever has abducted the minor by going to Ukraine or holding him against the will of the other parent is always entitled - by law - to object that the minor cannot leave his mother for fear of counter-abduction to his own detriment. A legal short circuit with no winning outcomes. 

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The preceding preamble aims to make it clear that what is in question requires that certain services be provided exclusively by suitable professionals who, therefore, impose a financial commitment that is not enormous, however important and not within everyone's reach. There is no state aid for services relating to international theft. of minors in Ukraine. Furthermore, the practice  requires obtaining a considerable amount of documentation and official certificates both in the country of origin and in Ukraine and forces those in charge to follow the procedure with continuous movements towards  even remote areas of this enormous state.

For those who do not understand, do not want or cannot accept these dynamics, we are sorry to say, this is the reality.

The firm is available for consultancy and legal assistance regarding the international abduction of minors in Ukraine, to protect the client in any action againstone's own and that of the minor, both in the State of origin and in Ukraine. 

 

The remedies permitted by law against theft iinternational minor.

1) formalize the complaint before the authorities responsible for receiving it, such as: police, consular authority or local police. The Firm recommends filing a complaint also with the Ukrainian authorities;

2) contact the Ministry of Justice - Central Authority and formalize the request for removal pursuant to and for the purposes of the 1980 Hague Convention.Please note, the communication of theft to the competent ministry is the only act in which the offended party has the possibility of indicating facts and circumstances that will have to be proven in the subsequent trial. Therefore, an incomplete appeal may jeopardize the subsequent process. In case of difficulty, the firm can offer advice and draw up the necessary documents;

3) equip the deeds and documents, where necessary, with AIA apostilles;

4) send everything to the Firm, together with a power of attorney that the Firm will send, to be signed with an authentic signature by the municipality or notary and subsequently provided with AIA apostilles. To send, use international couriers;

5) the firm will take action both in the diplomatic/consular sphere and with intervention at the Ministry of Justice of Ukraine to speed up the case. In fact, given the amount of paperwork in this sense, the process is often slow with the Ukrainian authorities;

6) intervention by the firm aimed at tracing the minor and attempting a first contact aimed at reaching an agreement, even out of court;

7) in case of failure of an out-of-court agreement for the repatriation of children and minors abducted from abroad to Ukraine: appeal to the Ukrainian authorities. 

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Procedure in international child abduction in Ukraine.

The preliminary investigation phase in the State of origin outside Ukraine.

Given that Ukraine has signed up to the 1980 Hague Convention, the person complaining about the abduction must contact as soon as possible the central authority of the State where the child abduction took place, to start the procedure in Ukraine where the child was conducted.
Immediately after the first contact, the secretariat of the central authority of the State where the child abduction took place provides the forms to be completed and the related instructions.

The person who complains about the abduction must provide documents to identify the minor (personal registry certificates, photographs, etc.), to clarify his relationship with the minor (for example, the judicial order establishing the custody regime) and to prove the actual habitual residence of the minor in the country of origin, for example in America or Italy (for example the certificate of attendance at the school that the minor attended before the abduction, the certificate from the pediatrician proving the continuity of health care) .

The person complaining about the abduction must also indicate, where he is aware of it, the address in Ukraine where the minor may be located and the names of the people who could be involved in the abduction in some way.

Having received the completed forms with all the necessary documents translated into the Ukrainian language, the central authority of the State of origin, preliminarily examines the existence of the application requirements and, if the evaluation is positive, sends the application to the central authority of Ukraine where the abducted child is located.

The preliminary investigation phase in Ukraine.

The central authority of Ukraine activates searches for the location of the child and communicates the result to the central authority ofof the State where the abduction of the minor occurred, together with the report of the abducting parent's statements. Also in this first phase, the central authority encourages the amicable settlement of the dispute and the return of the minor to the country of origin. 
The use of family mediation at specialized structures is often encouraged.

The judicial phase in Ukraine.

If the abducting parent does not voluntarily repatriate the child, the next step is to activate the judicial procedure in Ukraine to obtain the return order. In that case, albeit with the continuous collaboration of the consular authorities of the country of origin, the firm will carry out the necessary activities. 

The Firm pays the utmost and due attention to these cases. For any information it is available through the contacts listed on the appropriate page. If necessary, the firm is available for legal advice and activities regarding all the obligations illustrated above. 

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Recovery of disputed, stolen and unlawfully detained minor children in Ukraine:

Hague Convention of 1980.

The expression "international child abduction" indicates the situation in which a minor is illicitly taken abroad by someone who does not exercise exclusive authority (for example, the mother against the will of the father), without any authorization or, is not brought back deliberately in the country of habitual residence (United Europe, USA, etc. etc.) following a stay in another country. 

To date, there are numerous cases of abduction made official worldwide awaiting a solution, around 70,000. To these must be added the unofficial cases in which a parent prefers not to appeal to the appropriate authorities, in the hope of an amicable solution or who give up trying be worth. The renunciation often derives from the surrender of a parent or from the fact that he creates a new family, often with another Ukrainian, from which other offspring arise and therefore a lack of interest in the children obtained with the other partner.  The experience inherent to parents who prefer the "do-it-yourself", are harmful and counterproductive. In almost all cases, Ukrainian mothers who perceive a weakness in the other parent, and are very careful about this, use time to their advantage by integrating the minor into the social fabric of Ukraine. Note these are cases in which too much time has passed since the minor's arrival in Ukraine, with consequent learning of the language, friends and school,social workers, including foreign ones, had to"Unfortunately" admit that the minor he was perfectly integrated and removal would have been traumatic for him. In other words "out of sight, out of mind". 

Unfortunately, it must be said that theUkraine is among the first advanced modern nations for international parental child abduction. The distance between states, bridged with the current means of travel, the ease of getting to know each other through means such as the internet, social media, chat, the affinity of habits and customs, the well-known charm of Ukrainian women, means that mixed marriages or relationships between foreigners and Ukraine are constantly increasing. At the same time, too often some Ukrainian women, when couple problems arise which portend separation, divorce or in any case the end of a relationship, even economically advantageous for them, often use to remove the minor for purposes that are not always emotional, but clearly retaliatory. and economical.

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The protection provided for these cases is contained in theHague Convention of 1980 on the civil aspects of international child abduction. Ukraine is a member of this Convention, therefore a non-Ukrainian citizen will be able to request the repatriation of his child under theHague Convention of 1980unless all the conditions set out in the Convention itself are met.

The request, where the abduction has already occurred, the parent or the holder of the right of custody can: consider filing a complaint with the competent judicial police bodies and contact theCentral Authority at the Ministry of Justice of the State of origin where the abduction of the minor occurred. If the conditions are met, through the Central Authority, it is possible to propose a request for the return of the minor or a request for regulation of visitation rights.

You can contact theMinistry of Foreign Affairs of the State where the abduction of the minor occurred, in the event that a minor is abducted and taken abroad, if consular assistance is necessary. 

The aforementioned complaint will give rise to local authorities locating the minor on Ukrainian territory. Which is not always easy or obvious. Once the minor is located, the Ukrainian authorities will notify the Ukrainian parent of the repatriation request made by the other parent and will attempt to achieve a voluntary repatriation. In the event that the parent opposes the repatriation, a trial will be initiated before the territorially competent Ukrainian court.

In this judgment, as a rule, only the circumstances of the abduction and the existence or otherwise of exceptions to the application of the Convention should be taken into consideration. For example, that the Hague Convention does not apply if the request is made whenMore than a year has passed since the abduction (with rare exceptions), or when the repatriation of the minor to Italy could represent a source of danger for the minor although essentially traumatic from a psychological point of view.

Finally, toHague Convention of 1980 it is not only used in cases of abduction, but also when one of the parents denies any contact between the child and the other parent. Also in this case it will be possible to request the restoration of visitation rights pursuant to theHague Convention of 1980.

The request for repatriation or restoration of access rights pursuant to theHague Convention of 1980, do not prejudice the possibility of resorting to the internal remedies of the State of origin, both civil law and criminal law provided for by foreign and Ukrainian law.

With a view to preventing the abduction of a minor, it is advisable to: find out about the provisions regarding custody and visitation rights in force in the State of Ukraine; have any provision for custody of the minor in one's favor obtained in Italy (or in the country of residence) recognized in Ukraine, or initiate a similar procedure directly in Ukraine; have the other parent sign an undertaking to return on the agreed date; ask the competent judge to prohibit the expatriation of the minor and/or the other parent without the consent of the other; not grant consent to the issuance of the minor's passport or revoke the consent previously granted.

Only with a targeted appeal presented promptly before the Ukrainian authorities can it lead to tangible results. The firm follows the line of a pincer action: on the one hand the diplomatic activity and on the other the judicial activity of Ukraine. It would be an unforgivable mistake to grant the person who abducts the minor the possibility of protecting himself in Ukraine with a favorable local sentence. In that case, the Ukrainian police forces would be unable to intervene, since their judicial authorities would never be involved!  

 

Conclusions on international child abduction in Ukraine and the jurisdiction of the respective Ukrainian court.

Summarizing the above, the right of a foreign applicant against a citizen of Ukraine to apply to a Ukrainian court with a request for deprivation of parental rights of one of the parents depends on whether the latter has a permanent place of residence on the territory of Ukraine , therefore the plaintiff will have to give necessary evidence, which will confirm the fact that the defendant has a permanent place of residence in Ukraine. In such a case, a foreigner may appeal to the Ukrainian court according to the rules of Part 1 Art. 27 and parts 9, 10 of the art. 28 of Code of Civil Procedure of Ukraine , i.e. in the last known registered place of residence of the accused/defendant in Ukraine, but at the same time it will be necessary to provide evidence confirming that the accused was actually registered at the address specified in the application for deprivation of parental rights.

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Too often desperate parents are inclined to do it yourself, practically always finding themselves, as a result of their instinctive, uncoordinated and counterproductive actions, in desperate and irremediably compromised conditions. There is no worse mistake than hastily getting on the first available plane to reach Ukraine. It frequently happens that people who  they don't know Ukraine or the language, they venture out believing they can do the impossible and take the disputed minor with them. A Ukrainian woman who suddenly sees her ex drop into Ukraine already has an idea of the reason for the visit and therefore immediately requests the intervention of the local police, often slanderously alleging that she has been mistreated or even suffered violence, on the other hand, the unfortunate person has no means either to explain himself or to defend himself. 

 

 To summarize: the Study regarding qAs stated on the point of international abduction of minors from Ukraine, fraudulently brought or retained in Ukraine, he has a broad knowledge of the relevant law in Ukraine and is authorized to exercise all the rights of his clients before all courts and tribunals of Ukraine. If necessary, the firm can assist in court proceedings and present requests, appeals, produce documents and certificates, validate registers, register individuals, partnerships and applications. 

 

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