On July 3, 2020, Tbilisi Court of Appeals Civil Cases Chamber reviews the case of sending the EU and Czech citizen minor back to the Republic of Cyprus or not, within the framework of “the 1980 Hague Convention on the Aspects of International Child Abduction”. The minor will be questioned in the court, and the presented and new evidences in the case submitted by the parties will be evaluated.
According to “Young Barristers”, based on the case files it is established that, on 30 August, 2019, Ministry of Justice of Georgia, in the framework of “The Hague 1980 Convention on The Civil Aspects of International Child Abduction”, was addressed by the Ministry of Justice and Public Order of the Republic of Cyprus about the supposed fact of illegal movement of minor V. A by the citizen of Czech Republic P. A. That was done based on the statement of the minor’s mother, the Russian Federation citizen, Olivia Antony, who noted out, that the baby had been without address moved by her father and demanded to return her back to the Republic of Cyprus, to the habitual residence place of the child.
According to “Young Barristers”, the family lived in the Czech Republic, and then moved to the Republic of Cyprus, but since 2017 the family has decided to choose Georgia as their living place. From 2018, the minor, father and grandmother have moved to Tbilisi, and the mother continued to live in the Republic of Cyprus. The father, because of the fact that the mother wasn’t taking care of the minor, took decision to file for divorce in Georgia. That caused Olivia Antony’s uncompromising stance, and despite the fact, that the mother had full information about where was her child, she stated in front of the relevant authorities of the Republic of Cyprus, that her child had disappeared.
In the Tbilisi Court of Appeals the first instance court’s decision is appealed, which ruled that the minor should return back to the Republic of Cyprus. The Tbilisi City Court thought, that the habitual residence place of the minor is the Republic of Cyprus, but the case was reviewed based on the significant violation of procedural law. Listened, but didn’t considered the minor’s position about the residence place, the justification of choosing the residence place, adaptation and the environment, only considered the 2 document of Olivia Antony about the residence place and employment, which, based on the current case files, is established as fake documents – the hotel rejects having legal labor relationship with the mother and officially, the street, which is indicated in the rental agreement of Olivia Antony, can’t be found.
The minor’s family rejects to send the juvenile back to the Republic of Cyprus voluntarily, as they have all the proper evidence to prove that the minor isn’t illegally presented in Georgia and she isn’t illegally detained there, as well. From the birth date, the minor lives with her father and the family of her father, who take care of her and create all the conditions to protect the best interests of the child. Based on the evidences presented in the case files, the mother showed unreliable parenting skills towards the child. Unfortunately, towards the mother of the minor, the Georgian Police for 3 times made restraining order. In 2 cases, for having conflict with husband and in one case because of psychological violence against the minor. After the fact, that the family of husband moved to Georgia from the Republic of Cyprus, in December 2018, the mother’s financial support was cut off, the woman filed a lawsuit on the basis of her daughter’s disappearance and based on legal methods started to harass her husband’s family, living in Georgia.
According to the Prague, Czech Republic, 2019 decision, which is in the force, the mother, against her husband’s will flew and on husband’s expenses stayed for 4 days in Amsterdam, where she wanted to try new type of marijuana. In the European country’s decision, Olivia Antony’s, as the mother’s obligations, are extremely negatively assessed. There is a 2016 year agreement between the spouses presented to the court, which, states out, that the mother refuses to use drugs in the presence of their child, not to drink alcohol and smoke cigarettes during this, but that evidence, like other factual circumstances from that case, not considering the importance of them, are out of assessment and reaction from the agencies, which are obliged to make fast investigation and decisions.
As a result of hidden agreements and against the best interests of the minor, in the presented case, the role of LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking and its territorial structure – Tbilisi Vake-Saburtalo Regional Centre Head Social Worker/Acting Head Nino Iobashvili and Tbilisi Social Service City Centre Head, Giorgi Kupreishvili, who have no administrative, communication, professional-ethic competence and for several times violate the rules of being unbiased, are extremely negatively assessed, as they act subjectively, are stated as a side of the dispute and make the supportive campaign in favor of Olivia Antony, against the another legal representative of the minor – Father, and to his fundamental rights. There are facts of alleged violence against a child by a social worker – Nino Iobashvili
Based on the Tbilisi Court of Appeals 8 June, 2020 judgment, the Russian citizen Olivia Antony has been prohibited from taking (moving) the minor out of Georgia. The society has received information on June 2 that 2 State Agencies - LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking and Tbilisi Police Department Vake-Saburtalo 4th Section, happening on 29 May, 1 and 2 June, which ended in handing and abducting the minor from one legal representative to another legal representative, without considering the will of the minor. The “Young Barristers” confirmed that the mentioned operation against the father was illegal. Therefore, based on the Tbilisi City Court Administrative Cases Panel’s 29 June, 2020 decision, annulled the order, which was taken due to not considering the minor’s interests, which, in that respect, was grounded on the false facts mentioned in Nino Iobashvili’s 30 May, 2020 report.
To note out: “Young Barristers” got involved in the case from November 2019, after the first instance court’s decision. In the Tbilisi Court of Appeals the case is reviewed by 3 judges: Natalia Nazghaidze (Chairman), Maia Sulkhanishvili, Maia Gigauri, in Tbilisi City Court the case was reviewed by Irina Zarqua. The party believes, that the wrong decision was made because of the fact, that the court had rendered its decision on the last day of the 6-month deadline, strictly prescribed by the law. In the framework of “the 1980 Hague Convention on the Civil Aspects of International Child Abduction”, the Georgian Judiciary System reviews its 7th dispute. In the court, the interests of the minor and her legal representative are protected by the head of organization, Archil Kaikatsishvili.
