Updated

Updated · USA TODAY · Jul 15

Gleb Savchenko Seeks Emergency Custody of 2 Daughters, Alleging Hong Kong Abduction

Updated

Updated · USA TODAY · Jul 15

Gleb Savchenko Seeks Emergency Custody of 2 Daughters, Alleging Hong Kong Abduction

Q: A teen wants to live in LA, but her mother insists on Hong Kong. Who gets the final say?

A judge gets the final say, not the teenager and not either parent acting alone. Because Olivia is 15, her wishes matter and will likely carry real weight, especially if she clearly and consistently says she wants to stay in Los Angeles. But under U.S. family law, there is no age at which a minor can simply choose. The court decides based on jurisdiction rules and the child’s best interests. The immediate fight may be less about preference than about which court has authority. Under the UCCJEA, California must decide whether it has jurisdiction or whether Hong Kong is Olivia’s “home state” or habitual residence. Samodanova argues Hong Kong is the proper forum because Olivia has lived there for years, including the last three continuously. If a court agrees, a California judge may have limited power to make a long-term custody ruling. If California does have authority, or can exercise temporary emergency jurisdiction, the judge would weigh Olivia’s preference along with school stability, caregiving history, each parent’s conduct, and any evidence of manipulation, wrongful retention, or emotional harm. A teen’s view is influential, but not controlling. In short, Olivia’s voice matters a lot, but the legal outcome will turn on two questions: which place has jurisdiction, and what arrangement the court finds is in her best interests. The August 18 hearing is likely to focus heavily on that threshold jurisdiction issue.

Q: When parents live continents apart, who legally decides where a child calls home?

The legal answer is usually the courts of the child’s “habitual residence” or “home state,” not either parent acting alone. In cross-border disputes, two systems matter. The Hague Convention is used to decide whether a child was wrongfully removed or kept in the wrong country and should be returned. It does not decide final custody. The actual custody court is usually the one in the place where the child has been living in a settled way. In U.S. cases, the UCCJEA uses a similar concept called the “home state,” generally where the child lived with a parent for the six months before the case was filed, and it treats foreign countries much like U.S. states for jurisdiction purposes. That is why the fight in the Savchenko-Samodanova case centers on whether Hong Kong or California has authority. Samodanova argues Hong Kong is Olivia’s habitual residence because Olivia was born there and has lived there for years, including the last three continuously. Savchenko argues there was an agreement for the children to return to California and says Olivia wants to stay there. A judge will look at the totality of the circumstances: where the child actually lived, school and community ties, the parents’ agreements, each parent’s custody rights, and, for a 15-year-old, the child’s own views. A court can issue temporary emergency orders if a child is present and safety is at risk, but long-term custody usually belongs with the court in the child’s habitual residence.

3 articles · Updated · USA TODAY · Jul 15

A July 14 court filing asks for temporary sole legal and physical custody after Gleb Savchenko accused ex-wife Elena Samodanova of wrongfully keeping daughters Olivia, 15, and Zlata, 8, in Hong Kong.
Savchenko says a 2023 agreement allowed only a one-year move and required the children to return to the U.S. by June 30, 2024, but Samodanova instead gained permanent Hong Kong residency and built a life there.
Olivia is currently with Savchenko in Los Angeles, and he says she fears returning to Hong Kong, wants to attend school in California, and should have a court-appointed lawyer.
The filing also alleges Samodanova secretly took the children to Russia and Vietnam and threatened to move them to Moscow, while Savchenko separately filed a Hague petition seeking Zlata's return.
Samodanova said by email she opposes any custody change or Olivia's California school enrollment; mediation is set for Aug. 5 and a hearing for Aug. 18.