On July 13, 2025, Dancing With the Stars pro Gleb Savchenko filed an emergency custody request in Los Angeles Superior Court, accusing ex-wife Elena Samodanova of "abducting" their 15-year-old daughter to Hong Kong by converting a temporary one-year stay into permanent residency. For California parents, this dispute turns on one decisive question: which country's courts have jurisdiction — and California's answer depends on where the child has lived for the past six months.
Key Facts
| Item | Detail |
|---|---|
| What happened | Gleb Savchenko filed an emergency request for sole custody, alleging his ex-wife breached a 2023 agreement by making a temporary Hong Kong stay permanent |
| When | Filed July 13, 2025; mediation ordered for August 5, 2025 |
| Where | Los Angeles Superior Court (California) |
| Who's affected | Savchenko, ex-wife Elena Samodanova, and their daughter Olivia (15) |
| Key legal framework | California UCCJEA (Fam. Code §§ 3400–3465) and the 1980 Hague Convention on International Child Abduction |
| Impact | Court must decide whether California or Hong Kong is the child's "home state" before ruling on custody |
As reported by E! News, Samodanova responded that California lacks jurisdiction and that Hong Kong is now the child's permanent home. The court ordered mediation for August 5 before any hearing on the merits.
Why this matters legally
International relocation disputes are decided by jurisdiction first, custody second — and the parent who controls jurisdiction usually controls the outcome. Before a California judge can weigh who is the better custodial parent, the court must confirm it has legal authority to hear the case at all. If Hong Kong is deemed the child's home, a California order may be unenforceable and the case belongs in a Hong Kong court.
This sequencing is what makes cases like Savchenko's so contentious. A parent who quietly converts a "temporary" foreign stay into permanent residency can, over time, shift the child's home state to another country. Once six months pass in the new location, the original state's courts often lose their exclusive jurisdiction. That is precisely the argument Samodanova is raising, and it is why the timing and terms of the original 2023 agreement — whether the move was explicitly temporary — will be central to the fight.
How California law handles this
California decides interstate and international custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, codified at Cal. Fam. Code § 3421. The core test is the child's "home state": the state (or country) where the child lived with a parent for at least six consecutive months immediately before the custody proceeding began. Under Cal. Fam. Code § 3402, that six-month rule treats a foreign country like Hong Kong the same as a U.S. state for home-state purposes.
California can also assert temporary emergency jurisdiction under Cal. Fam. Code § 3424 when a child is present in the state and needs protection, but emergency jurisdiction is limited and does not by itself override another forum's home-state authority. If a parent removes a child from the country in violation of a custody agreement, the left-behind parent's primary remedy is often the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which requires the child's prompt return to the country of habitual residence — though Hong Kong's treaty status and the terms of the parents' agreement will shape whether that remedy applies here.
On the substance of any California custody decision, courts apply the best-interest-of-the-child standard under Cal. Fam. Code § 3011, and a parent seeking to move a child a significant distance faces the relocation framework under Cal. Fam. Code § 7501, which governs a custodial parent's presumptive right to change residence and the other parent's right to contest it. Understanding how California approaches child custody arrangements is the first step for any parent facing a cross-border dispute.
Practical takeaways
If you are a California parent facing a possible international relocation, these steps protect your position:
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Get the temporary nature of any move in writing. A 2023-style agreement that labels a stay "temporary for one year" is powerful evidence — but only if it specifies an end date, a return obligation, and that neither parent may seek foreign permanent residency for the child.
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Act within the six-month window. Under the UCCJEA home-state rule, delay can transfer jurisdiction abroad. If you believe a temporary stay is becoming permanent, consult a family law attorney before six months pass in the new country.
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File in the correct forum. An emergency request under Cal. Fam. Code § 3424 can secure short-term protection, but confirm California's long-term jurisdiction under the home-state test before assuming a California order will hold.
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Preserve travel and residency records. Passports, school enrollment, visa applications, and any foreign residency filings can prove whether a move was temporary or permanent — the decisive fact in these disputes.
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Build your parenting-time record now. If you expect a custody fight, document your involvement. Our parenting time calculator can help you quantify your current schedule for the court.
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Know the Hague Convention path. If a child is wrongfully removed to or retained in a treaty country, the Hague Convention — not a standard custody motion — is usually the correct tool to seek return.
Cross-border custody cases move fast and turn on early, technical jurisdictional decisions. If you are worried about an international move involving your children, start by mapping your options with a personalized divorce roadmap, and consider speaking with a qualified California family law attorney who handles UCCJEA and Hague matters. You can find a divorce attorney in your county to review the specific facts of your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.