Zhanetta Tukhaeva called the fight for her son's return unsuccessful.
Court decisions in favor of Zhanetta Tukhaeva, who sought custody of her children in Chechnya and Dagestan, failed to help her regain her eldest son, who had been taken away by her ex-husband. The defense initiated a lawsuit to deprive him of parental rights due to a 3.5 million ruble arrears in child support.
As reported by "Caucasian Knot," in 2017, the Perovsky Court of Moscow ruled that both of Zhanetta Tukhaeva's minor sons should live with her. In March 2020, contrary to this ruling, a court in Grozny ordered both children to live with their father, Ruslan Ibaev. In July 2020, Tukhaeva secured an overturn of this ruling, but she was still unable to regain her eldest son, whom Ibaev had taken from her in 2014. On October 10, it was announced that the ECHR found a violation of Zhanetta Tukhaeva's right to family life.
In 2021, after the Grozny court's decision was overturned, Ruslan Ibaev sought custody of his youngest son. The case was heard in Makhachkala, where Zhanetta Tukhaeva and her youngest child were living at the time. The judge ruled that the father could only communicate with his youngest son by telephone and only in the presence of his mother, and that meetings between the youngest son and his older brother must take place in Tukhaeva's home. Tukhaeva's lawyer, Akhmed Elmurzaev, pointed out that the Makhachkala court's decision contradicted a ruling made in Moscow back in 2017. According to Zhanetta Tukhaeva, Ruslan Ibaev turned her eldest son against her by convincing the child to say on camera that he refused to communicate with his mother.
The child custody situation has not changed: the eldest son, now 16, still lives with his father, who is trying to gain custody of his youngest son, Zhanetta Tukhaeva told a "Caucasian Knot" correspondent.
"I won the case, but nothing has changed. I fought the bailiffs to get them to take the child and hand him over to me, but it was futile, and I gave up." "It's the same situation with the child support debt," she said, explaining that her husband's alimony debt over many years has already reached 3.5 million rubles.
According to the woman, this is now the fourth court case initiated by her ex-husband. "He's trying to take my child away from me once and for all. The previous times, he was denied once, and the cases were dismissed twice," she explained.
I won the cases, but the child is nowhere to be found.
Zhanetta Tukhaeva added that she was not particularly thrilled by the news of the European Court of Human Rights' ruling in her favor. "I've already exhausted all my feelings. For me, this is another court victory. "But it's not the paperwork that matters to me, but the result – I won the lawsuits, but my child is nowhere to be found," she said.
Tukhaeva and Ibaev married in 2009 and lived in Moscow. After the divorce, Tukhaeva went to live with her mother in Dagestan, but later, Ibaev, under the pretext of leaving and saying goodbye to her children, convinced her to bring both sons to Moscow. He then took the older boy, who was not yet four years old at the time, with him.
The woman fears that her older son, when he turns 18 and legally becomes independent, may not return to her. "He's being raised to hate his mother, so I don't know if he'll be able to tell the difference," she concluded.
We responded by filing a counterclaim for complete termination of parental rights.
Tukhaeva's lawyer, Zumrud Saidova, believes that Tukhaeva's ex-husband is trying to use the court to "legalize the kidnapping of the child." "He filed a lawsuit to determine the eldest son's place of residence, taking into account his opinion. And we responded by filing a counterclaim for complete termination of parental rights and the transfer of the eldest son to his mother. "Our arguments are, firstly, abuse of rights and psychological pressure on the child, and secondly, a huge alimony debt: for debts of this kind, parental rights are deprived," she told a "Caucasian Knot" correspondent.
A "Caucasian Knot" correspondent was unable to reach Ruslan Ibaev by phone for comment.
As a reminder, on June 11, 2022, Vladimir Putin signed a bill on the non-enforcement of ECHR decisions made after March 15 of that year. On September 16, 2022, Russia ceased to be a party to the European Convention on Human Rights, but the ECHR stated that it retained jurisdiction to consider complaints from applicants from Russia, provided they were filed before that date.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/416557