Montenegrin courts at two instances, without further legalization, confirmed the Russian judicial acts that determined the child's place of residence with his mother.
During the family conflict, the father took the child to Montenegro against the will of the mother, who was providing care and medical supervision for the child, who suffered from a neurological disease, where he continues to illegally hold the child to this day.
With active and direct participation of EPA&P attorneys, the High Court of Podgorica (Montenegro) upheld the decision of the Basic Court of Kotor (Montenegro) that upheld the mother's claim to return her son to Russia in accordance with the Convention on the Civil Aspects of International Child Abduction of October 25, 1980, and put the father under an obligation to bring him back under duress.
In addition to the judicial protections, the Firm arranged for the Investigative Committee of Russia to open a criminal case against the father on grounds of arbitrariness, a rare occurrence in Russian law enforcement. The criminal case is still being investigated.
At present, the Office is preparing cross-border measures for the actual transfer of the child to his mother and for his return to Russia.
During the family conflict, the father took the child to Montenegro against the will of the mother, who was providing care and medical supervision for the child, who suffered from a neurological disease, where he continues to illegally hold the child to this day.
With active and direct participation of EPA&P attorneys, the High Court of Podgorica (Montenegro) upheld the decision of the Basic Court of Kotor (Montenegro) that upheld the mother's claim to return her son to Russia in accordance with the Convention on the Civil Aspects of International Child Abduction of October 25, 1980, and put the father under an obligation to bring him back under duress.
In addition to the judicial protections, the Firm arranged for the Investigative Committee of Russia to open a criminal case against the father on grounds of arbitrariness, a rare occurrence in Russian law enforcement. The criminal case is still being investigated.
At present, the Office is preparing cross-border measures for the actual transfer of the child to his mother and for his return to Russia.