Texas man could finally be reunited with his abducted daughters


June 27 , 2013

Source: theshapirolawfirm.com

As international travel has become more and more accessible, one thing that, sadly, has been becoming increasingly common is international parental child abduction. International parental child abduction is when one parent takes a child to another country to interfere with the other parent’s custody rights.

International parental child abduction can be incredibly impactful on the child involved and the parent who has had the child abducted from them. Sadly, a custodial parent who has had a child abducted from them to another country can sometimes face major legal hurdles in getting their child back.

Texas

Recently, some news has arisen regarding an international parental child abduction case involving a Texas man.

The man was married to a Russian-born woman. The two lived in Texas together and they had two daughters.

The man and the woman eventually got divorced. In the divorce, the man was granted custody of the former couple’s two daughters.

In 2008, the unthinkable happened to the man; his daughters were abducted by his ex-wife to a foreign country. Specifically, during one of her visitations with the children, the woman took the children to Russia. The children have been in Russia ever since, as issues regarding the Russian legal system reportedly prevented the man from being able to retake custody of the children.

It appears that the man may now finally be able to get his daughters back. Recently, the man’s ex-wife died. This reportedly makes it so the man no longer just has custody of the children under U.S. law, but also has custody of the children under Russian law. However, there still could be some challenges awaiting the man in his efforts to reunite with his daughters.

The man reportedly plans to go to Russia next month to try to get his daughters back. One wonders what will ultimately happen during this trip.

As this case shows, child custody matters with international aspects, such as child custody matters involving international parental child abduction, can be incredibly complicated. Thus, if a person is involved in a child custody matter with international aspects, having a strong and experienced family law attorney on one’s side can be very important.

Source: KHOU, “Hope arises for dad in custody battle for daughters taken to Russia,” Jim Douglas, June 20, 2013

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ABP World Group Being Interviewed by Russian News Today on Parental Abduction and Child Recovery


April 30, 2013

ABP World Group being interviewed by Russian news today on child recovery. Due to air mid may on channel one news. Also features parents of recovered children.

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ABP World Group`s Director Martin Waage being interviewed by Russian TV

What is Parental Abduction?

Parental child abduction is child abduction by a parent. It often occurs when the parents separate or begin divorce proceedings. A parent may remove or retain the child from the other seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings; a parent may refuse to return a child at the end of an access visit or may flee with the child to prevent an access visit or fear of domestic violence and abuse.

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“Please don’t forget that you have two parents”


Source: Phillyburbs.com

Last week Max Troitsky celebrated his daughter’s second birthday with a cake, candles and an empty chair at the table.

Little Julie Troitsky remains somewhere in Russia with her mother, Troitsky’s estranged wife, Anna, who disappeared with their child a few days before Thanksgiving in violation of a child custody order.

In recent weeks, Max Troitsky learned that Anna has filed for divorce in Russia, a move Troitsky’s lawyer suspects is an attempt to establish jurisdiction there for a custody action. In court paperwork, she indicated that she did not know Max’s whereabouts, Troitsky said.

Meanwhile, in Bucks County — where the couple’s divorce proceedings were under way — a judge earlier this month froze all assets in his wife’s name and gave Max Troitsky the legal ability to move and dispose of some marital assets. A judge already awarded Max Troitsky full physical and legal custody of Julie after Anna defied a court order in December to return to the United States.

But it remains to be seen how Russian authorities will handle the existing U.S. custody order. Troitsky and his attorney do not anticipate a quick resolution.

“She has committed no crime in Russia, and the U.S. Embassy has no authority on Russian soil,” Troitsky’s laywer Jeffrey Liebmann said. “It is a real nightmare.”

Troitsky, who divides time between Bensalem and Upper Southampton homes, recently went public with the case, anticipated to be one of Russia’s first tests under the Hague Abduction Convention, which dictates civil aspects of international child abduction.

n October, Russia joined the convention as a partner country, meaning it will honor civil verdicts, such as child custody orders, issued by foreign courts, and return children abducted by a parent.

For now, though, Russian authorities are not under any obligation to assist with enforcing custody orders until it establishes a central authority to oversee compliance with the Hague Convention, Liebmann said.

There also is some skepticism whether Russian courts will comply. Other convention nations, such as Brazil, Chile and Mexico, don’t routinely follow convention provisions.

Russia’s judiciary has a “less than perfect record” for independence and impartiality, and a recent report suggests that judges are open to bribes and other external influences, according to the McGill University blog, “Legal Frontiers.”

The Troitskys, Russian natives and U.S. citizens, were in the process of divorcing following five years of marriage. After the couple separated, Anna, Julie and Anna’s mother, Elena Demyanyuk, continued to live in the family’s Upper Southampton home.

As the divorce and custody cases proceeded, Anna filed a petition seeking court permission to relocate to Moscow, Russia, or Denver, Colo., where her brother lives. In mid-November, a Bucks County judge granted the couple shared legal custody of Julie and denied Anna’s request to relocate to either place.

 

Four days after the final custody order was issued, Anna, Julie and Demyanyuk left the United States without his knowledge or permission, in violation of their custody order, Troitsky said.

Troitsky learned about the divorce filing in Russia from a legal representative he hired in that country. But the proceedings there were continued for a month.

In Russia, couples are first divorced, and everything else, including division of assets and child custody, is handled after that.

Troitsky says he plans to go to Russia once the custody case is under way, which he anticipates could begin in the next six months. At a minimum, he hopes the Russian courts will give him access to his daughter either by Skype, phone or visitation.

Troitsky last spoke to Julie via Skype Nov. 26. In early December, Anna stopped contact. Troitsky said he continues to email her but gets no response.

Last week, Troitsky and his family celebrated Julie’s birthday, something he plans to continue doing until she comes home. He also posted a letter to her on the website he created to bring attention to his custody situation (www.helpbringjuliehome.com).

“While I would do anything to celebrate this important milestone with you in person, sadly, circumstances don’t allow us to celebrate together,” he wrote. “However, on this special day, I want to wish you nothing but laughter, love and happiness in your life! Please don’t forget that you have two parents, and that we both love you, each in our own way.”

Max Troitsky’s letter to his daughter Julie

Dear Julie

Happy birthday, sweetheart! Today you turn 2 years old. While I would do anything to celebrate this important milestone with you in person, sadly, circumstances don’t allow us to celebrate together. However, on this special day, I want to wish you nothing but laughter, love and happiness in your life! Please don’t forget that you have TWO parents, and that we both love you, each in our own way.

As I look back at the last two years, it feels like just two days ago your mom and I brought you home from the hospital, and just yesterday we celebrated your 1st birthday, when you blew out your first candle from your high chair. As you are a year older now, and better able to understand the significance of this day, don’t forget to make a wish before you blow out the candles. If you wish hard enough, your wish will come true!

As you celebrate your birthday with your family in Russia, please remember that you also have a family in the U.S., who loves you and misses you dearly. Because you cannot be here with us, for this important day, your grandparents and I will have to celebrate your birthday without you. We also invited your big teddy bear and your nap-pal Ladybug to join us in singing a happy birthday song for you. They’ve both been asking me about you and wondering when Julie will come home. I wish I had a good answer for them… I just keep telling them that Julie will be back soon, and they understand. In the meantime, they are patiently waiting for you, along with all of your other toys and books.

It’s hard to believe that it’s been 73 days since we were separated from each other on November 20, but please know that I am doing everything in my power to fix this and bring you home soon. I also think of you every day… many times a day… and it hurts to know that you’re so far away! But I have faith, and I know in my heart that we will be reunited!

I love you and miss you terribly,

Daddy

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Father searching for abducted daughter


Source: Phillyburbs

The day before Thanksgiving Max Troitsky got a call from his mom asking if he knew that his estranged wife and toddler daughter were visiting Russia.

He didn’t, but should have. Anna Troitsky was not supposed to leave the U.S. with their only child without his permission under their court-ordered custody agreement.

Nearly two months later, the Bensalem man is going public with what had been a private and bitter custody dispute in an effort to convince his wife to bring their daughter home or convince Russian authorities to intervene.

His attorney believes the situation could be Russia’s first test under the Hague Abduction Convention, which dictates civil aspects of International Child Abduction. In October Russia joined the Convention as a partner country, meaning it will honor civil verdicts issued by foreign courts, such as custody orders.

The U.S. State Department has seen a sharp increase in the number of international parental child abductions.

The federal agency had 1,135 reports of international child abductions in fiscal year 2009, and most of the alleged abductions were in Hague Convention partner countries, according to the most recent U.S. Department of State statistics. In 2006, there were 642 international abduction cases.

That same year, 436 children abducted or wrongly retained in foreign countries were returned to the United States, most of the children were returned from countries that are Hague Convention partners with the U.S.

The Troitsky’s custody saga started not long after the couple, both Russia natives, filed for divorce in 2010 after five years of marriage citing irreconcilable differences, according to court papers. At the time, Julie was 7 months old.

After the couple separated, Troitsky moved to Bensalem and Anna, Julie and mother-in-law Elena Demyanyuk continued to live in the family’s Upper Southampton home.

As the divorce and custody cases proceeded through the courts, Anna filed a petition seeking court permission to relocate to either Moscow, Russia, or Denver, Colorado, where her brother lives.

Troitsky says Anna, who came to the U.S. shortly before they married, often fought his efforts to get more visitations and overnight stays with their daughter.

“What parent doesn’t want to spend time with your child,” he said. “It was painful to me, painful to my parents, who rarely see their grandchild.”

In mid-November, though, a Bucks County judge issued custody order granting the couple shared legal custody of Julie. Anna had primary physical custody and Troitsky partial physical custody including weekends, overnight and weekday dinners. The judge also denied Anna’s request to relocate to either Russia or Denver, according to court papers.

Troitsky claims Anna only started talking about wanting to return to Russia after the divorce was filed, but he never anticipated his wife would violate the custody order.

“I certainly had no idea they were contemplating this,” he said.

The Courier Times was unsuccessful in reaching Montgomery County attorney Matthew F. Fox who is listed in court records as representing Anna Troitsky in her divorce and custody cases.

Four days after the final custody order was issued, though, Anna, Elena and Julie secretly left the U.S., Troitsky said.

Newtown Township attorney Jeff Leibmann, who represents Troitsky, believes Anna was able to leave the U.S. with Julie, who did not have a U.S. passport because she added her name to her Russian passport. Russia allows its citizens to add the names of children to the passports of parents.

Two days after arriving in Moscow, Elena told Troitsky’s mom in a phone call the three were in Moscow for a few days visiting Anna’s sick father.

Elena allegedly claimed that when Anna and Julie tried to return to the U.S. they were turned away at the airport because of a passport issue with Julie. She said Troitsky had to send a consent letter showing he authorized her to leave the U.S. with Julie, as required by their custody agreement.

The next day, when Troitsky reached Anna on the phone, she assured him she planned to return with Julie, but she also wanted a guarantee that she wouldn’t face criminal charges for taking their daughter out of the country.

Troitsky says he agreed not to pursue legal action. He made Anna an appointment at the U.S. embassy in Russia to start the process to get Julie a passport but she didn’t show up, Troitsky said.

Two days later, on Nov. 26, Troitsky said, Anna told him that she decided she wanted to stay longer in Russia. During that conversation, Troitsky spent a few minutes with Julie on Skype. It was the last time he saw or spoke to her, he says.

Within days, Troitsky says his suspicions that Anna had no plans to return were confirmed.

After he visited the Upper Southampton home, he discovered most of Anna and Julie’s clothes and personal belongings including family photos were gone. All the joint legal documents, including the deed to the house and title were gone, as were the car keys. He learned she quit her job after arriving in Moscow.

“It was clear she had no intention of ever coming back,” he said.

Troitsky and Anna had their last phone conversation three days before an emergency custody hearing was scheduled in Bucks County Court, he said. She told him she didn’t know when she’d return to the U.S.

At that hearing, a Bucks County judge ordered Anna to return to the U.S. with Julie within seven days, otherwise full physical and legal custody would be transferred to Troitsky.

But as far as he knows the three remain in Russia, most likely Moscow.

The U.S. embassy in Russia has been providing updates to Troitsky, but there hasn’t been much to report recently. The embassy has not had much success reaching Anna and Elena and even if they do, they can only encourage her to return, Leibmann said.

The embassy also has reached out to the Russian authorities for help finding Julie, but they are not under any obligation to help find her until Russia establishes a Central Authority to oversee compliance with the Hague Convention.

Troitsky said there is no reason his estranged wife should want to limit his access to Julie. There are no abuse allegations or evidence in any of the custody trial or related investigation. A check of county court records shows no protection from abuse orders filed against either Troitsky.

At this point, Anna may believe that she will be arrested if she returns, Troitsky said, adding he is not interested in pursuing criminal charges. The Upper Southampton police and the FBI have been notified about the situation to get Julie’s photos added to Interpol and U.S. law enforcement databases.

To get his daughter’s face, and his story, into the public eye, Troitsky and his supporters have created a Web site, called “Help Bring Julie Home.”

Troitsky says he has been on an emotional rollercoaster and he has spent many sleepless nights wondering about his child. He misses their special “father-daughter kind of moments.”

“At this point all I want to say is bring Julie back, come back with her, we’ll figure out the details of the custody,” he said. “Taking a child away from a father is not an option.”

In a few weeks Julie turns 2. The most time passes without contact with his daughter, the more Troitsky worries.

“She is probably starting to forget me,” he said.

Follow our updates on Twitter and Facebook

One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

Join the Facebook Group: International Parental Child Abduction

NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271