Legal Proceedings to Bring Leon Home

Legal Proceedings to Bring Leon Home

Table of Contents

Background

After the passing of Leon’s mother in December 2023, guardianship over Leon was given to his maternal uncle, Andrei Malevanny, without informing the child’s father, Nicholas Levenstein. Despite holding full parental rights, Nicholas has been denied custody and even visitation. Below are the key early events:

  • Dec 5, 2023 – Death of Anna Lyudinovskova (Leon’s mother).
  • Dec 6, 2023 – Preliminary guardianship granted to Andrei Malevanny (Appendix No. 11).
  • Dec 21, 2023 – Nicholas learns of mother’s death through acquaintances.

Hague Convention Case

This case, filed in April 2024, sought Leon’s return to Malta under the Hague Convention on International Child Abduction. Courts repeatedly rejected Nicholas’s petitions.

  • Apr 2024 – Hague petition filed in Tverskoy District Court (Case No. 02-3254/2024).
  • Jul 8, 2024 – Petition denied (Appendix No. 69).
  • Oct 30, 2024 – Moscow City Court upholds denial (Appendix No. 74).

Appeals & Setbacks (2025)

  • Apr 1, 2025 – Second Cassation Court denies review (Appendix No. 76).
  • Jul 25, 2025 – Supreme Court refuses transmission of cassation (Appendix No. 78).
  • Aug 2025 – Further cassation submitted to Acting Chairman of Supreme Court (Appendix No. 79).

Paternity and Custody Lawsuit

In August 2024, Nicholas filed for recognition of custody rights. His paternity was confirmed, but custody was denied in March 2025. Appeals are ongoing.

  • Aug 1, 2024 – Custody lawsuit filed (Case No. 02-0698/2025).
  • Mar 10, 2025 – Custody denied (Appendix No. 96).
  • Apr 2025 – Appeal filed to Moscow City Court (Appendix No. 97).

Appeals & Setbacks (2025)

  • Aug 14, 2025 – Moscow City Court upholds lower ruling after perfunctory 15–20 sec deliberation (Appendix No. 122).

Visitation Lawsuit and Complaints

Alongside custody proceedings, Nicholas has pursued visitation rights and repeatedly complained about Malevanny’s obstruction of access.

  • Dec 3, 2024 – Visitation case filed in Golovinsky District Court (Case M-0462/2025).
  • Jan 2025 – Series of applications for visitation filed (Appendix Nos. 89–93).
  • Aug 13, 2024 – Complaint lodged against Malevanny for obstructing access (Appendix No. 98).
  • Feb 6, 2025 – Guardianship authority suggests child should live with grandmother (not legally recognized guardian).
  • Feb–Sep 2025 – Children’s Rights Commissioner engaged but Malevanny refuses mediation (Appendix No. 99, 104).

Indonesian Social Ministry Inspection

Parallel to Russian proceedings, Indonesia’s Ministry of Social Affairs conducted independent inspections confirming Nicholas’s fitness as a parent.

  • Mar 2025 – Psychological evaluation certifies Bali villa suitable for child (Appendix No. 85).
  • Sep 4, 2025 – Social Report No. 1520/4.2/PI.00/9/2025 confirms Nicholas’s eligibility as foreign guardian (Appendix No. 107).
  • Sep 16, 2025 – Affidavit of assistance filed by Ekaterina Kiseleva to support Leon’s adaptation (Appendix No. 108).

Appeals & Setbacks (2025)

  • Ongoing obstruction of access by guardian; mediation refused by Malevanny despite Commissioner involvement (Appendix No. 99, 104).
  • Next substantive hearing scheduled for Oct 15, 2025 (see Upcoming Hearings).

Criminal Complaint Against Guardianship Officials

Nicholas’s lawyers filed a criminal complaint against Deputy Head Svetlana Istomina for abuse of office in unlawfully granting guardianship. Authorities refused to register it, leading to ongoing appellate litigation.

  • Nov 25, 2024 – Criminal complaint filed in Basmanny Investigative Committee (Appendix No. 109).
  • Dec 2024–Jun 2025 – Complaints escalated to Investigative Committee leadership and Moscow Prosecutor (Appendix Nos. 110–111).
  • Jul 24, 2025 – Basmanny District Court refuses to hear complaint (Appendix No. 114).
  • Appeal lodged to Moscow City Court (Appendix No. 115).

Appeals & Setbacks (2025)

  • Registration of the criminal complaint refused; trial court declined to hear under Art. 125; appellate review pending (see Upcoming Hearings).

Constitutional Court Challenge

Nicholas challenged Article 121(1) of the Family Code as unconstitutional, arguing it allows arbitrary removal of custody despite a living parent. The case was dismissed without review.

  • Jul 12, 2025 – Constitutional complaint filed (Appendix No. 116).
  • Jul 22, 2025 – Constitutional Court returns complaint without consideration (Appendix No. 117).

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This legal research opinion, prepared under Agreement No. 2025-118-1 dated May 20, 2025, investigates the legality of transferring Leon Levenstein (born 27 February 2020) into the guardianship of Andrei Yuryevich Malevany. It was conducted to identify violations committed by Moscow’s guardianship officials and the guardian himself during the appointment and supervision process.

Key Findings:

  • No notification was sent to the U.S. diplomatic mission or competent foreign authority despite Leon’s foreign citizenship.
  • Authorities failed to prepare or register the mandatory “Child Profile” or include Leon in the state database of children left without parental care.
  • Leon’s father’s details—Nicholas Levenstein’s contact information and passport data—were omitted from official records.
  • No court decision or law enforcement evidence confirmed the “loss of parental care.”
  • Authorities ignored the grandmother’s preferential right to guardianship and failed to document her refusal.
  • Failure to verify criminal record and authenticity of Malevany’s income certificate.
  • Guardian left Moscow with the child without notifying authorities, violating the order of supervision; no official sanction followed.

Conclusion: The report concludes that the guardianship authority’s conduct grossly violated Leon Levenstein’s rights and may constitute an administrative offense under Article 5.36 of the Russian Code of Administrative Offenses (“Failure of officials to provide timely or accurate information regarding minors in need of guardianship”).

Full Text:

Upcoming Hearings (October 2025)