According to the Tbilisi Court of Appeals Civil Cases Panel’s decision, based on the 1980 Hague Convention about the “Civil Aspects of International Child Abduction”, on the case of returning the minor back to the Republic of Cyprus or leaving her in Georgia, intermediate regulations have been applied. The head of organization “Young Barristers”, Archil Kaikatsihvili’s all motions, who is also the representative of the minor and her family, have been shared and as a results 27 new evidences have been applied to it. Moreover, the demand to question the baby has been accepted. Also, the party’s position has been shared and the Czech language expert has been avoided, as she was unable to present the evidence of knowing the language fully, therefore for the main consideration, the court will invite new specialist.
“The case is complex and the truth can be determined by the evidences. The first instance decision, which is based on 2 fake documents, must be changed, as the Appeals’ court has been addressed with trustworthy documents, which confirm that the rental and employment contracts submitted by the mother, aren’t official” – Archil Kaikatsishvili said that in the court hearing process.
The case will be essentially reviewed on 3 July 2020. The parent, with whom the baby is present, is obliged to bring the baby in front of the court.
By the case files it is established that on 30 August, 2020, the Ministry of Justice of Georgia, based on the 1980 Hague Convention on Civil Aspects of International Child Abduction, has been addressed by the Ministry of Justice of the Republic of Cyprus, about the alleged illegal detention of the minor V.A, by her father P.A. The reason of it could be Olivia Antony’s statement, who is the mother of the minor and the citizen of the Russian Federation, who noted out that the father took the baby out and demanded her to be returned to the usual residence place – the republic of Cyprus.
According to the “Young Barristers’” explanation, the family first lived in the Czech Republic, afterwards in the Republic of Cyprus, but from the year of 2017, the family decided to live in Georgia. From 2018, the baby, the father and the grandmother moved in Tbilisi, and the mother continued to live in the Republic of Cyprus. The father decided to start the divorce case in Georgia, as the mother didn’t take care of the minor, which resulted in the opposing reaction of Olivia Antony and despite the fact that she had full information about the factual residence place of the minor, stated to the certain agencies in the Cyprus that the baby had disappeared. For now, in the Tbilisi Court of Appeals the Tbilisi City Court’s decision is appealed, which said, that the minor should return back to the Cyprus. The first instance court got the impression, that the usual residence place of the child is the Republic of Cyprus, but the court reviewed the case with the violation of important rules. Listened, but didn’t consider the position of baby, the argumentation about choosing to live in Georgia, the environment and adaption to it, and accepted Olivia Antony’s documentation, about having the residence place and job in the Republic of Cyprus. That documentation, based on the case files, is fake –the hotel says that the employment contract doesn’t exist and the street, mentioned in the rental document, doesn’t exist, as well.
The family of the minor refuses to send the child back to the Republic of Cyprus and they have all the valid evidences to prove, that the baby isn’t illegally presented in Georgia and also, isn’t illegally detained, as well. The minor from her birth is growing up with her father and the family of the father, who take care of her and makes all the condition, for the best interests of her to be protected. As the mother, based on the case files, showed unreliable parenting skills towards the baby. Unfortunately, against the minor’s mother, the Georgian Police for 3 times wrote restraining order. For 2 times – because of her disagreement with the husband and for once, for the psychological violence of the baby, and after the fact, that the father’s family moved in Georgia from the Republic of Cyprus in 2018, the father stopped the financial support of the mother, which resulted in submitting the complaint in the Georgian Judiciary system and based on the child’s disappearance started to legally oppress the husband’s family.
Based on the Czech Republic court’s 2019 decision, which is in force, the mother, against her husband’s will, but on his expanses, flew to Amsterdam, in order to try out new type of Marijuana.in the European Country’s court, the mothers obligations, have been assessed in the negative form. There is 2016 agreement between the spouses presented, which states out that, Olivia Antony takes obligation not to use narcotics, alcohol and cigarette in front of the baby. But, that mentioned evidence and other factual circumstances, haven’t been assessed from the agency, which should take fast decisions. Due to the hidden agreements and against the best interests of the child, the State Fund for Protection and Assistance of (Statutory) Victims of Human Trafficking and its Vake-Saburtalo territorial unit center’s Head social worker/Acting head social worker Nino Iobashvili, the barrister of the center Giorgi Kupreishvili, who don’t have the administrative, communication, professional-ethic competence and violated impartiality – act subjectively, appear as a side and do the campaign for Olivia Antony, against the fundamental rights of the legal representative of the minor – father, and from Nino Iobashvili’s side there is a fact of alleged violence on the baby.
Based on the 8 June, 2020, Tbilisi Court of Appeals Civil Cases Panel’s decision, the Russian federation’s citizen, Olivia Antony, has been forbidden to take the child out of Georgia. The public have received the information about the join operation of the MIA Tbilisi Police Department Vake-Saburtalo 4th section and the state Fund for Protection and Assistance of (Statutory) Victims of Human Trafficking, which resulted in taking the baby from one legal parent and giving her to the second legal parent, against the baby’s will. The Appeals court has fully shared the legal justification of Archil Kaikatsishvili, who is the head of “Young Barristers”, as well as, the representative of the minor and her father, who are both the citizens of EU and Czech republic, affecting the objective threat from the mother, Olivia Antony – who can, both, legally or illegally ways take the child out of the country, due to the revenge motives on the husband.
To note out: the “Young Barristers” started to process in November 2019, after first instance court’s decision. The Tbilisi Court of Appeals reviews the case with 3 judges: Natalia Nazgaidze (chairman), Maia Sulkhanishvili, Maia Gigauri, in the first instance – Irina Zarqua reviewed it. The party assumes that the wrong decision has been taken due to the deadline, on the last day of 6 month limit. The Georgian Judiciary System reviews its 7th case on that 1980 Hague Convention. The organization’s head, Archil Kaikatsishvili represents the interests of the minor and her legal representative – the father in the Georgian Court.
