Rights of the child
Dear Mr. Roussos,
A citizen of Ukraine can come back to the territory of Ukraine any
time. I've know law about citizenship-the citizenship of Ukraine has
been given to her on the ground of Article 7 part 1 of law "About the
citizenship of Ukraine". I do not think that returning the child to the
country of his citizenship (especially if they found out that it is
the only his citizenship) can be considered kidnapping.
According to the materials of the case, father is a citizen of Great
Britain, mother is a citizen of Ukraine and daughter is a citizen of
Ukraine. I have the following questions on this matter:
1) Does daughter have citizenship of Cyprus?
2) Does she have citizenship of Great Britain?
3) Does she have residence permit in Cyprus? As a citizen of Ukraine
or Great Britain?
4) Does father have residence permit in Cyprus?
5) Does mother have residence permit in Cyprus?
If the girl has citizenship or residence permit in Cyprus, and her father -
residence permit in Cyprus, then there is chance to return a child.
If they all have a temporary immigration status in Cyprus, in this
case, in my opinion, the case does not have any perspective as for
returning the child to Cyprus.
The second point which is not in your favor is that your wife filed
claims to police and addressing to the social welfare office in
Cyprus, if it is going to be confirmed, your chances will be even
I think this case has to be regarded as that one that defines the
place of the child's residence not as one that returns the child.
If we are looking at the case from this prospective, then we need to
define to which parent the child is closer, who has better living
conditions, education and development.
Applying it to our agreement, I would choose to conclude a peaceful
agreement according to which there will be a need to define both
parents' participation in the child's development. In my opinion
chances to send a citizen of Ukraine to live in Cyprus by force are
minimal. The court has to make the decision that responds to the
child's interests. His living in Cyprus far from his mother seems to
be very doubtful in my opinion.