{"id":43836,"date":"2019-12-02T21:50:56","date_gmt":"2019-12-02T20:50:56","guid":{"rendered":"https:\/\/actionagainstchildabduction.com\/?p=43836"},"modified":"2025-07-23T19:04:45","modified_gmt":"2025-07-23T17:04:45","slug":"by-2019-12-02-the-hague-case-supervisory-appeal-to-the-chairman-of-the-supreme-court","status":"publish","type":"post","link":"https:\/\/actionagainstchildabduction.com\/sk\/by-2019-12-02-the-hague-case-supervisory-appeal-to-the-chairman-of-the-supreme-court\/","title":{"rendered":"BY 2019.12.02 The Hague Case \u2013 Supervisory Appeal"},"content":{"rendered":"
\"SUKALO<\/figure>\n\n\n\n

Judge Valentin Olegovich Sukalo \u2013 Chairman of the Supreme Court of Belarus<\/a><\/em><\/p>\n\n\n\n

<\/div>\n\n\n\n

Supervisory Appeal to the Chairman of the Supreme Court<\/strong><\/h2>\n\n\n\n
<\/div>\n\n\n\n

APPLICATION for Reinstatement of Procedural Time Limits<\/strong><\/em><\/h3>\n\n\n\n

APPEAL for Reinstatement of Procedural Time Limits, Submitted 2019.12.02<\/em><\/strong><\/h4>\n\n\n\n

Supervisory complaint on the Rejection of my Hague Application from the 12th of July 2018 and APPLICATION <\/em>for Reinstatement of Procedural Time Limits to the Chairman of the Supreme Court, SUKALO Valentin Olegovich. Submitted 2nd of December 2019.<\/em><\/p>\n\n\n\n

Excerpts of the Appeals\/Claims<\/h4>\n\n\n\n

The Hague Case:<\/h4>\n\n\n\n

Supervisory claim to the decision of the Octyabrsky District Court of the city of Minsk dated July 12, 2018, and the determination of the judicial board for civil cases of the Minsk city court on September 10, 2018, based on the statement of claim by the citizen of the Kingdom of Sweden Nicholas Cheropoulos to the citizen of the Republic of Belarus Lyudmila Arkadyevna Trafimovich on the return of children in accordance with 1980 Civil Abduction Convention.<\/p>\n\n\n\n

Reinstatement of Procedural Time Limits.\u00a0Appeal\u00a0for admission of\u00a0the case to consideration\u00a0by the supervisory authority\u00a0of\u00a0the\u00a0Supreme Court.<\/strong><\/em><\/p>\n\n\n\n

The Complete Supervisory Complaints:<\/strong><\/h4>\n\n\n\n

#<\/strong> 2019-12-02 RU SUPERVISORY CLAIM to The Chairman of The Supreme Court, Mr. Sukalo Valentin Olegovich<\/a><\/strong><\/p>\n\n\n\n

# 2019-12-02 RU&EN APPEAL for ADMISSION of CONSIDERATION of my CASE to the SUPERVISORY AUTHORITY of The Supreme Court<\/a><\/strong><\/p>\n\n\n\n

<\/div>\n\n\n\n

\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4\u00a4<\/strong><\/p>\n\n\n\n

<\/div>\n\n\n\n

Consideration and Rejection of the Supervisory Complaints<\/em> 2020.01.13<\/em><\/strong><\/h3>\n\n\n\n
<\/div>\n\n\n\n
\"ZABARA<\/figure>\n\n\n\n

ZABARA Andrej Alexandrovi\u010d (\u0410\u043d\u0434\u0440\u0435\u0439 \u0410\u043b\u0435\u043a\u0441\u0430\u043d\u0434\u0440\u043e\u0432\u0438\u0447 \u0417\u0430\u0431\u0430\u0440\u0430)
Podpredseda Najvy\u0161\u0161ieho s\u00fadu Bieloruska<\/a><\/em><\/p>\n\n\n\n

The Complete Answer with Rejection dated 13th of January 2020:<\/strong><\/em><\/h3>\n\n\n\n

Re: Consideration of appeal<\/strong><\/h4>\n\n\n\n

The Supreme Court of the Republic of Belarus has performed a supervisory review of the case on a dispute between you and L.A. Trafimovich regarding the return of the children in accordance with the Convention on the Civil Aspects of International Child Abduction.<\/p>\n\n\n\n

In accordance with the decision of the Oktyabrsky District Court of the City of Minsk of July 12, 2018, upheld by the ruling of the Judicial Panel for Civil Cases of the Minsk City Court of September 10, 2018, the claims were denied.<\/p>\n\n\n\n

Considering court orders to be unlawful and ungrounded, you demand their reversal.<\/p>\n\n\n\n

The appeal is dismissed on the basis of the following<\/strong><\/h4>\n\n\n\n

According to Article 12 of the Convention on the Civil Aspects of International Child Abduction (concluded in The Hague on October 25, 1980) (hereinafter referred to as the Convention), where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.<\/em><\/p>\n\n\n\n

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution, or other body that opposes its return establishes that there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation (Article 13 of the Convention).<\/em><\/p>\n\n\n\n

The court established that between 2008 and April 2017, you lived in Stockholm together with L.A. Trafimovich, with whom you have daughters Anthie’ Anthoula Cheropoulou, born on June 8, 2012, and Alexandra Cheropoulou, born on April 01, 2015, who are both citizens of the Republic of Belarus and citizens of the Kingdom of Sweden.<\/em><\/p>\n\n\n\n

On April 18, 2017, L.A. Trafimovich “flew” with the children to Belarus<\/strong><\/h4>\n\n\n\n

After returning to the Republic of Belarus, your daughters, together with their mother, were registered and permanently reside in a comfortable three-room apartment No. 24 in building No. 64 at Kizhevatova Street in Minsk.<\/em><\/p>\n\n\n\n

In the materials of the case, it is established that the children attending kindergarten No. 480 in Minsk are observed in the healthcare institution \u201cCity Children\u2019s Outpatient Clinic No. 13\u201d.<\/em><\/p>\n\n\n\n

\n

Anthie\u2019 Anthoula is a member of the aesthetic team gymnastics sports group.<\/strong><\/em><\/p>\n\n\n\n

Your daughters are characterized as sociable, friendly, and inquisitive children who easily come into contact with adults and children. Their good level of physical and intellectual development and a penchant for creative activity are especially noted.<\/strong><\/p>\n\n\n\n

According to the results of a psychodiagnostic examination of the children, it was found that your daughters are emotionally attached to both parents. At the same time, while they experience the need to communicate with you, the girls have a closer and more trusting relationship with their mother, who takes care of them, is engaged in their upbringing, and provides parental care.<\/strong><\/p>\n\n\n\n

The court found that L.A. Trafimovich properly fulfills parental responsibilities and has created the appropriate conditions for the development and education of the children in the Republic of Belarus.<\/strong><\/p>\n\n\n\n

These circumstances were confirmed in court by a representative of the competent guardianship authority.<\/strong><\/p>\n<\/blockquote>\n\n\n\n

Considering the children\u2019s young age, and their special affection for the mother, who has been caring for them since birth and has been properly fulfilling parental responsibilities, the court reasonably agreed with the opinion of the guardianship authority that separation of the children from their mother and return to their country of permanent residence is not in their best interests and can cause them psychological damage.<\/p>\n\n\n\n

In such circumstances, the court has rightfully refused to satisfy your claims.<\/strong><\/h3>\n\n\n\n
<\/div>\n\n\n\n
\"Rule<\/figure>\n\n\n\n

Pr\u00e1vo \u00e0 la Bielorusko<\/strong><\/p>\n\n\n\n

Court decisions in the case were made in accordance with the actual circumstances and requirements of the law. The court did not allow violations of procedural rules entailing the abolition of court decisions by way of supervision.<\/strong><\/p>\n\n\n\n

\n

For the stated reasons, it was refused to bring the protest to reverse the court decisions.<\/strong><\/em><\/h4>\n\n\n\n

Please note that this decision in no way excludes the possibility of your participation in raising your daughters, including the establishment by the court of the procedure for your communication with the children.<\/strong><\/em><\/h4>\n<\/blockquote>\n\n\n\n

Annex: 48 sheets, 1 copy<\/strong><\/p>\n\n\n\n

Deputy Chairman of the Supreme Court of the Republic of Belarus   \/signed\/   A.A. Zabara<\/strong><\/em><\/p>\n\n\n\n

#<\/strong> 2020.01.13 RU HAGUE CASE DECISION of REJECTION on Submitted SUPERVISORY APPEALS (received 2020.01.22)<\/a><\/em><\/strong><\/p>\n\n\n\n

#<\/strong> 2020.01.13 EN HAGUE CASE DECISION of REJECTION on Submitted SUPERVISORY APPEALS (received 2020.01.22)<\/a><\/em><\/strong><\/p>\n\n\n\n

<\/div>\n\n\n\n

Nicolaos AA Cheropoulos
Otec Anthouly a Alexandry<\/strong>
Stockholm, Dec. 2019
Reviewed July 2025<\/strong><\/p>","protected":false},"excerpt":{"rendered":"

According to the results of a psychodiagnostic examination of the children, it was found that your daughters are emotionally attached to both parents.
\nYour daughters are characterized as sociable, friendly, and inquisitive children who easily come into contact with adults and children. Their good level of physical and intellectual development and a penchant for creative activity are especially noted.<\/p>","protected":false},"author":1,"featured_media":55904,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[],"class_list":["post-43836","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-litigation-belarus"],"_links":{"self":[{"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/posts\/43836","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/comments?post=43836"}],"version-history":[{"count":0,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/posts\/43836\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/media\/55904"}],"wp:attachment":[{"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/media?parent=43836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/categories?post=43836"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sk\/wp-json\/wp\/v2\/tags?post=43836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}