Tbilisi Court of Appeals, within the framework of the 1980 Hague Convention on the Aspects of International Child Abduction, on the case of sending the minor back to the Republic of Cyprus or not, sees the clues of intentionally willing to postpone the court hearing from LEPL Agency For State Care And Assistance For the (Statutory) Victims of Human trafficking and notes out, that the court will take all the measures in order for the representative of administrative body appear at court. Such kind of explanation was made by the Chairman and rapporteur of the case, Natalia Nazghaidze, on July 3, where the agency’s July 2 statement became known to her. The agency asked to postpone the hearing in order to interrogate the child, based on the protocol, but the court clarified, that according to case files, the father’s representative’s explanations about the general purpose to delay the case, could have been shared and there was no formal preconditions to postpone the hearing.
The organization “Young Barristers” explains, that on July 3, 2020, the minor should have been interrogated by the court. The child was with her mother, Olivia Antony. According to the court order, the mother had an obligation to represent the minor at the hearing. Olivia Antony’s representative during the hearing said, that the minor with her mother, should have appeared in the court shortly, but such kind of statement of representative appeared to be false. The mother didn’t appear in the court with the child. The organization explains, that there was coordination and agreement between the representatives of LEPL Agency for State Care and Assistance For the (Statutory) Victims of Human trafficking and Olivia Antony, not to bring baby to the court, as there was no motion to postpone the court hearing. Due to the fact, that the court hearing couldn’t have taken place without the participation of the social worker, the mother didn’t bring her daughter to the court, which once again clearly and openly indicates that the agency works in favor of the mother – Olivia Antony’s interests and violates the fundamental principles of the Law of Georgia On Social Work.
According to “Young Barristers”, based on the 2019 22 October Tbilisi City Court temporary decision, the minor’s father had full right to have relationship with her child, on Thursday, July 2, from 11:00hr. The father, based on the court’s order, went to the Municipality of Mtskheta, Village Mukhrani, where, according to last information, the mother was with her daughter in relatives flat. Because of the fact, not to have disagreement, firstly, went to the Mukhrani Police Department of Mtskheta District Division, where it was asked to jointly move to the mother’s temporary residence place. The police called Zurab T. Olivia Antony’s relative, to come to the police station, who, accordingly explained, that the mother with her daughter were moved to Tbilisi and they weren’t presented in the village. As a result of Police head’s, Giorgi Bitskinashvili’s phone call, the police noted out, that Olivia Antony was in Tbilisi. Therefore, the legal representative of the child, father, was unable to meet with his child on July 2.
The organization “Young Barristers” explains, that the 2 state agencies – Tbilisi Police Department Vake-Saburtalo Police 4th section and Tbilisi Vake-Saburtalo Regional Centre, as a result of joint operation, on June 2, 2020, based on the 30 day restraining order, made for not considering the interests of the baby, the father was illegally restrained from having relationship with his daughter. According to case files, the court shared the credibility of the threat of illegal abduction of the baby by her mother, on which, as a result, on June 5 made decision and prohibited Olivia Antony to move the child out of Georgia. Mtskheta-Mtianeti Regional Centre Social Worker, on 17 June, 2020, made report, which identifies that the mother temporary lives in her relatives’ family, address: Mukhrani Village. On his own, the father addressed the court with purpose to annul the unfounded restraining order. Based on Tbilisi City Court Administrative Cases Panel 29 June 2020 decision, the complaint (claim) was satisfied, the order was annulled, and the ground of issuing the order – Tbilisi Vake-Saburtalo Regional Centre 30 May, 2020 report, was found to be unjustified and illegal and it was established that, based on joint operation of state agencies, for 30 days, unjustifiably, the legal representative of the minor, father, was prohibited to have relationship with his child. It is worth noting, that during that period, the mother refused to have any kind of communication and the minor’s family (father and grandmother), for not having information about the condition of the child, stayed in the informational vacuum. In that process, Tbilisi Vake-Saburtalo Regional Centre refused to help us, which, one again confirmed, that they don’t care about the best interests of the child and they are legal supporters of the mother – Olivia Antony.
The “Young Barristers” notes out, that father of the minor, after 3 July, 2020 court hearing, in the framework of the court's temporary decision, to have relationship with the baby and in order to determine her residence place, went to the Tbilisi Vake-Saburtalo Regional Centre, met with the acting head of the centre, head social worker Nino Iobashvili, in a written way determined the demands, but Nino Iobashvili responded, that based on Olivia Antony's reference, Tbilisi Vake-Saburtalo Regional Centre was entitled to unequivocally suspend the enforcement of court's temporary decision's enforcement document and the center wasn't able to help the father and search the minor (That is legally nonsense, which addresses to the fact, that the administrative agency supports Olivia Antony and does everything for her). Later, the father made statement in MIA Tbilisi Police Department Vake-Saburtalo Head's 7th Section and demanded to put legal responsibility on his wife, Olivia Antony, for not complying the temporary order of the court and also, to search the baby. The father stated, that his wife doesn't show him the baby due to the fact that she wants to illegally abduct the baby from Georgia to Russian federation, in order to revenge on him and on his family. As of 5 July, the party has no information about the police's action and the baby's location.
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
Nino Iobashvili violates the basic principles of the Law on Social Work (social work is based on the principle of equality). With regard to the father, the principle of proportionally, as from their side the whole series of defamatory documents have been presented, which serve the purpose of immorality of the father and starting the criminal proceedings towards him. (A measure to be implemented by a social worker shall serve to protect the best interest of a beneficiary. The selected measure shall be appropriate, necessary and proportionate.) Nino Iobashvili violates the obligation to maintain good faith and professional ethics, since the reports and letters made by her is consisted of falsified facts(A social worker shall carry out social work in accordance with the purposes of this Law, and values and ethical principles.) Nino Iobashvili, based on the case files, is biased and expresses only the interest of minor’s mother, and in the family dispute is side. (it shall be inadmissible for a social worker to be a party to any transaction or to act according to subjective interests.) she doesn’t have the legal, strategic, administrative, professional or ethical competence required by law. As she refuses to respond to the father’s violated right, and only is interested to take decision in favor of her mother, didn’t intentionally give 74 year old Grandma permission to have relationship with her grandchild, didn’t react on not fulfilling the temporary decision by the mother’s side, doesn’t know English and the Czech languages. On question, how she described the child’s position on various issues, whilst the baby speaks on Czech Language and can understand English language, in front of the court she said, that the submitted documents was made based on the child’s gestures. Nino Iobashvili’s correspondence with the child’s father is very shameful, as the opinions which should be on English language are electronically submitted in Russian, with incorrect grammar notes, which in the end creates an example of incompetence of the social worker in the named dispute. (In order to exercise the powers provided for by this Law, a social worker shall have the following competencies). Therefore, the organization calls the Social Workers actions shameful and categorically demands that their activities be checked and raise the issue of official responsibility on her. Nino Iobashvili’s competence creates more serious ground for bias and selfishness, deserves public distrust and requires urgent decisions by the supervisory structures.
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.
