Proceedings in a case of international child abduction are subject to termination if the child has returned to his or her country of habitual residence

Position of the court of concentrated jurisdiction:

1. During the consideration of the case, it was established that on September 4, 2025, the minor child and his mother returned to their usual (permanent) place of residence in the Republic of Italy. The child's passport with stamps and a copy of the plane ticket to Pisa, Italy, dated September 7, 2025, were provided as evidence.

2. The court has no grounds for applying the 1980 Convention, since the minor child was in fact returned to the territory of the Republic of Italy during the consideration of the case.

3. In accordance with Part 4 of Article 1 of the Code of Civil Procedure of the Russian Federation, in the absence of a procedural law regulating relations arising in civil proceedings, federal courts of general jurisdiction apply the rule governing similar relations (analogy of law), and in the absence of such a rule, they act based on the principles of the administration of justice in the Russian Federation (analogy of law).

4. In accordance with Article 220 of the Code of Civil Procedure of the Russian Federation, the court may terminate proceedings in a case, including if: the grounds stipulated by paragraph 1, part 1, of Article 134 of the Code of Civil Procedure of the Russian Federation are present; or the plaintiff has withdrawn the claim and the court has accepted the withdrawal.

5. Therefore, taking into account the scope of the 1980 Convention, as well as the fact that the child has moved and is currently located in the territory of the Republic of Italy, which is documented and not disputed by the parties, the court finds that there are grounds to terminate the proceedings.

The Determination of the Central District Court of Novosibirsk in case No. 2-5600/2025 dated October 17, 2025.