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Tengrinews.kz – A legal dispute between two U.S. citizens over their child’s place of residence has been dismissed by a Kazakhstani court, citing the court’s press service.
The couple divorced after four years of marriage. Following the separation, the mother received court approval in the U.S. to take their three-year-old son to Kazakhstan for two weeks, with the condition that the child be returned to the father within the specified timeframe. However, the mother and child never returned and are now residing in Kazakhstan under a residence permit.
A lower court initially ruled in favor of the mother, granting her the right to keep the child with her in Kazakhstan. The father then appealed the decision.
Upon review, the Almaty City Court ruled that determining a minor’s place of residence is not within the jurisdiction of Kazakhstani courts when the dispute involves foreign nationals.
Kazakh law allows courts to handle cases involving foreign citizens only if national legislation or an international treaty grants jurisdiction. However, Kazakhstan and the United States do not have such a treaty.
"In Kazakhstan, disputes over a child’s residence fall under marriage and family law. For foreign nationals, parental rights and responsibilities are governed by the laws of the country where they had a shared place of residence. Since the parents previously lived together in the U.S., where the child is a citizen, this matter is not under the jurisdiction of Kazakhstani courts," the court ruling stated.
As a result, the appeals court overturned the initial ruling and dismissed the case, stating that it could not be considered under Kazakhstan’s civil court proceedings.
