Miltiadous v. Tetervak

686 F. Supp. 2d 544 (2010)

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Nature of the Case

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Facts

H is a citizen of Cyprus, and Inna (W) is a Russian citizen. They met in Cyprus in 2000 while W was in Cyprus on a worker's visa. After a brief courtship, they were married on November 29, 2000, in Cyprus and continued to live together in Cyprus until November 23, 2007. W had temporary resident status in Cyprus that was dependent upon H signing her visa yearly. They had two children together. Both were born in Cyprus and are Cyprus citizens. They are six and four years old. It was a violent and tumultuous relationship. H was an 'avid drinker and habitual drug user,' and physically and psychologically abused W 'almost throughout the duration of their marriage.' H 'always harassed the children by yelling at them and threatening them that he would take them away, and they would never see their mother again.' The children witnessed the abuse., The daughter was diagnosed with post-traumatic stress disorder. W sought help from the Cyprus authorities with no results. The family visited the United States. H was to return to Cyprus on January 20, 2008, and W and both children were to return on February 24, 2008. They visited H's parents. H returned to the parent’s home drunk and aggressive. W called the police on December 1, 2007, and H left to stay with his cousins in New Jersey. W obtained a Protection from Abuse Order granting W sole custody of the children and allowing H weekly supervised visitation rights with the children. H continued with threats, and a warrant was issued for his arrest. W filed for political asylum in the United States on May 9, 2008, seeking permanent asylum for herself and her children due to the fear of imminent physical and mental abuse by her husband in Cyprus. W was granted asylum, and her children's immigration status is derived from hers. H filed for the return of the children under The Hague Convention.