A mother of two is suing her husband for traveling to the USA. He flew away and is living in Chicago.

Елена Краснова Society
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Adema Adzhikhodzhaeva, a citizen of Kyrgyzstan, filed a lawsuit in the Supreme Court to obtain permission for her minor children — three-year-old Ali and six-year-old Leyla — to travel to the USA without their father's consent. The couple lived in the States for several years but temporarily returned to Kyrgyzstan, after which a conflict arose, resulting in the husband moving to Chicago and leaving the family.

Story of Moving and Returning

In 2022, Adzhikhodzhaeva won a green card, and the family moved to Chicago, selling all their possessions. According to the woman, they started a new life from scratch: they bought a house and cars, enrolled the children in school and kindergarten, and the husband found a job. Adema also secured a high-paying position.

In the summer of 2025, they went to Kyrgyzstan for vacation and to renew their passports, with a return ticket for July 22, 2025.

"I warned him that if he continued to behave this way, I would file for divorce, as he himself destroyed our family," Adema said.

However, this did not stop her husband. He left the family, taking only a suitcase with summer clothes.

Legal Proceedings

Adema noted: "From September 1, I was supposed to start working on an invitation, and my daughter was to enter the first grade. My son received a grant spot in kindergarten, and he was supposed to start his education for free. Now we have been deprived of the opportunity to continue living in our usual rhythm. We are currently living with my parents in Kyrgyzstan, and their father has not provided us with housing or sent a single penny for the children's upkeep."

In August of last year, Adema filed a lawsuit to obtain permission for the children to travel with her without their father's consent. She emphasized that as a green card holder, she has the right to leave, but she does not intend to leave the country without her children.

"I will return to America only with them," Adzhikhodzhaeva stated.

She expressed concerns that otherwise, she might lose her status as a permanent resident of the USA. According to her, the maximum absence period to maintain status is about six months, while they have already been in Kyrgyzstan for much longer.

"If the situation is not resolved within two months, we may lose the opportunity to return. A green card is a rare document that allows legal residence and work in America. I have spoken with compatriots in Chicago who are waiting a long time for their documents for legal residence. We always wanted to raise our children in the USA, where my husband has close relatives. But after the conflict, his representatives claimed that his decision was in the children's interests, who might be harmed by American culture. I find this absurd," Adema added.

There is a psychological examination in the case materials that records emotional stress in the older daughter, which is related to the change in the usual environment.

Court Decision

The judicial panel of the Bishkek City Court noted that a prolonged departure of children abroad without the consent of the other parent could negatively affect their communication with their father, who lives in the USA. "The refusal of one parent to consent to a long-term departure may lead to a rupture in the relationship between the children and their father, which may affect their emotional and social development," the court's decision states.

The lawyer emphasized that Adema strives to provide a better future for her children and is effectively asking for permission to leave for their father. "The father does not maintain contact and does not provide financial support. The living conditions for children in Kyrgyzstan are significantly worse than in the USA," she added.

According to the lawyer, the current legal norms regarding parents' rights to permit the departure of minors are being applied incorrectly.

"We ask the court to consider all the materials of the case," the lawyer noted.

Appeal to the Supreme Court

Adema Adzhikhodzhaeva also appealed to the Supreme Court requesting an impartial review of the case, taking into account the children's interests.

"I want to go home together with them," she concluded.

The editorial office of Kaktus.media is ready to hear the opinion of the other side.
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