A former Fairfax County resident who allegedly flew with her children to Moscow two years ago, in violation of a custody agreement with her ex-husband, is now facing kidnapping charges. Federal prosecutors say 46-year-old Aziza Mirzoeva took her two children to Canada to visit her son from a previous marriage in December 2008. They were scheduled to return to Virginia on Jan. 20, 2009, but the trio flew to Moscow instead.

A criminal complaint was filed against Mirzoeva that August, and a federal judge in Alexandria signed a warrant for her arrest.

Mirzoeva, who had been wanted by Interpol, was apprehended at a Frankfurt airport in July. She was extradited to the United States in November, and a federal grand jury indicted her on two counts of international parental kidnapping in late December.

An attorney retained by Mirzoeva has stopped representing her, and no other lawyer for her was listed in court records or available for comment.

The case represents a rare prosecution on international parental kidnapping charges.

State Department statistics show that more than 1,100 children were abducted from the United States in 2009. But Mirzoeva was one of just 17 people charged in federal court for that offense, according to Bureau of Justice Statistics data.

International kidnapping cases are complicated because they involve the laws of at least two nations, which can lead to conflicting court rulings and jurisdictional problems.

Court records say Mirzoeva's ex-husband, Tokhir Mirzoev, discovered that she and their sons -- Alan, now age 6, and Damien, now age 9 -- hadn't returned when he went to their home for a routine visit on Jan. 21, 2009. Earlier that month, the couple's custody agreement granted primary custody to Mirzoeva, with visitation rights for her ex-husband. Both parents were required to notify the other of any itinerary changes during international travel, court documents show.

A Fairfax County court gave Mirzoev sole custody in February 2009 after his ex-wife violated that agreement and did not respond to phone or e-mail messages, according to court documents.

Mirzoev and the two boys are now living in Moldova. In a letter to court written in August, he said he was no longer interested in pursuing criminal charges against his ex-wife, but prosecutors have not dropped the case and have asked for Mirzoeva to remain in custody pending trial.

A judge granted that request, saying Mirzoeva was charged with a serious offense and was a flight risk.

ebabay@washingtonexaminer.com