Appeal to Alexander Anatolievich Volchenkov
Deputy Head of the Education Department
Violation of the rights of minors, on the transfer of minors to a legal guardian,
Statement on violation of rights of minors, on the transfer of minors to a legal guardian submitted by Attorney Ms. E.M. Arzinger
Excerpts:
Nicolaos Cheropoulos promptly and in good time took all steps to find and return the children to the place of their habitual residence: on 19 April 2017, he filed an application with the police of the Kingdom of Sweden; on 24 April 2017, he sent written applications for the return of the children to the Ministry for Foreign Affairs of the Kingdom of Sweden.
However, despite all the efforts made, Liudmila Trafimovich not only did not return the children to their homeland but also prevented Nicolas Cheropoulos from communicating with them, thus depriving the father of the right to participate in raising the children and taking care of them, and does not provide information about living conditions, psychological and the physical health of Anthie’ and Alexandra.
The father has been taking active steps in arranging meetings with Anthie and Alexandra, but with no success. On 23 October 2018, Letter No. 98 was sent to the attention of Liudmila Trafimovich asking for permission to meet with the children and spend the Christmas holidays with them (in the mother’s constant presence). For that purpose, Nicolas Cheropoulos booked family-type rooms in a hotel.
A copy of the letter is attached. This letter, as well as all previous requests for arranging meetings or other means of communication between the father and the children, were unsuccessful, as Liudmila Trafimovich refused to receive it at the post office (the letter’s non-demand receipt is attached). Despite this, Nikolas Cheropoulos still wants to spend the Christmas holidays with his daughters in Belarus.
Moreover, the Södertörn District Court (Kingdom of Sweden) made a final decision on 10th September 2018 in Case No. T 6168-17 on determining the custody of Anthie Cheropoulou and Alexandra Cheropoulou. According to this decision, Nicolas Cheropoulos is awarded the sole right of custody of Anthie Cheropoulou and Alexandra Cheropoulou. This decision entered into force immediately.
This decision is not subject to the recognition procedure and is automatically recognized, i. e. it is valid on the territory of Belarus since 19 September 2018. This possibility is provided for in paragraph 14 of the Convention on the Civil Aspects of International Child Abduction (concluded in the Hague on 25 October 1980), which allows accepting judicial decisions of a foreign state (children’s habitual residence) without the recognition procedure.
This conclusion is also confirmed in Response No. 13083 from the Deputy Chairman of the Minsk City Court of 08 November 2018 regarding the recognition of this Swedish custody decision on 19 September 2014, that the fact of Nicolas Cheropoulos’ sole custody does not require judicial recognition. That is, this decision is automatically recognized and is valid in the territory of Belarus since 19 September 2018.
Attached Hereto: The Complete Appeal:
Nicolaos AA Cheropoulos
Father of Anthoula and Alexandra
Stockholm, Dec 2018
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