Moving to the USA and Trip to Kyrgyzstan
In 2022, Adzhikhodzhaeva won a green card, sold all her property, and moved with her family to Chicago. She claims that in nearly three years, they managed to create a new life: they bought a house and cars, the children started school and kindergarten, and her husband worked until she was offered a high-paying position.In the summer of 2025, the family decided to temporarily return to Kyrgyzstan to visit relatives and renew their passports. Return tickets were scheduled for July 22, 2025.
"I warned him that in that case, I would file for divorce, as my husband is the one destroying the family," Adema shared.This threat did not stop her husband, who left the family with only a suitcase and flew away.
Court Proceedings
“From September 1, I was supposed to start working based on an official invitation. My daughter was to enter the first grade, and my son was to go to kindergarten, where we had won a grant spot. We lost the chance to continue our life as before. Now we are living with my parents in Kyrgyzstan. The children's father has not provided us with housing and has not sent any money for their support since then,” the woman says. She also noted that their house and property remain in Chicago.In August of last year, Adema filed a lawsuit seeking permission for the children to travel with their mother without the father's consent. She emphasized that as a green card holder, she has the right to leave but does not intend to leave the country without her children.
"I will return to America only with them," Adzhikhodzhaeva stated.She expresses concerns that if the situation regarding their return is not resolved in the next two months, they may lose their status as permanent residents of the USA, as the safe period of absence is about six months.
“If we cannot return to the States, it will be a great loss for us. The green card is a unique document that allows us to live and work legally in America. I have spoken with fellow countrymen in Chicago who have been waiting for years to process their documents. We always dreamed of raising our children in the USA, but after the conflict, my husband and his relatives claim that his decision is based on the children's interests and that American culture may negatively affect them. I find this absurd,” Adzhikhodzhaeva noted.
There is a psychological report in the case materials indicating that the older daughter is experiencing emotional stress due to the change in her usual environment.
Court Decision
The judicial panel of the Bishkek City Court noted that "the long-term departure of children abroad without the consent of the other parent may create difficulties in maintaining regular contact with the father, who resides in the USA." The ruling states that "the refusal of one parent to consent to a long-term departure without an established mechanism for interaction may lead to a de facto rupture of relations between the children and the father, which will negatively affect their emotional and social development."“Adema seeks to ensure a better future for her children, based on their interests. She is essentially asking for permission for the children to go to their father. However, the father, living in another country, is abusing his parental rights and is not seeking communication with the children or providing them with financial support. The living conditions in Kyrgyzstan are incomparable to the comfort they had in the USA,” emphasized Sauhtova, Adzhikhodzhaeva's lawyer.
In her opinion, the current legislation, which grants parents the right to decide on the departure of minors abroad, is being misused and applied subjectively.
"We urge the court to consider all the materials of the case," added Sauhtova.
Appeal to the Supreme Court
Adzhikhodzhaeva is also appealing to the Supreme Court for an impartial consideration of the case in accordance with the law and taking into account the best interests of the children."I want to go home with them," she concluded.The Kaktus.media editorial team is ready to hear the opinion of the other side.
