SYLVESTER HAGUE CASE: FIRST MEETING WITH AUSTRIAN

UNCLAS SECTION 01 OF 02 VIENNA 000092

SIPDIS

CA/OCS/CI FOR ECONWAY AND GDEBOER; EUR/AGS FOR VVIKMANIS-
KELLER

TAGS: KOCI CASC AU
SUBJECT: SYLVESTER HAGUE CASE: FIRST MEETING WITH AUSTRIAN
CENTRAL AUTHORITY

REF: STATE 2469


1. SUMMARY: PER REFTEL, CONGEN MET WITH THE NEW DIRECTOR
OF THE AUSTRIAN CENTRAL AUTHORITY (ACA),JUDGE ROBERT
FUCIK (FOO-CHIK) ON JANUARY 11, 2006. THE LENGTHY
DISCUSSION COVERED BOTH GENERAL ISSUES AND THE CURRENT
SYLVESTER ACCESS CASE FILED UNDER THE HAGUE CONVENTION.
FUCIK WAS REASSURINGLY WELL-VERSED ON THE HISTORY AND
DETAILS OF THE CASE, AND SURPRISINGLY FORTHRIGHT ABOUT
THE PAST-HANDLING OF THE CASE. FURTHERMORE, HE MADE
SEVERAL CONCRETE SUGGESTIONS FOR PROGRESS. IN ADDITION,
HE CLARIFIED THAT THE GRAZ COURT HAD NO INTENTION OF
PERMANENTLY DENYING MR. SYLVESTER ACCESS TO HIS DAUGHTER,
AND WOULD BE DELIGHTED IF INFORMAL CONTACT RESUMES. THE
ATMOSPHERICS WERE STRIKINGLY DIFFERENT FROM POST'S
PREVIOUS MEETINGS WITH THE ACA AND FUCIK WAS MUCH MORE
FORTHCOMING THAN EARLIER INTERLOCUTORS. END SUMMARY.


2. ACA FUCIK RESPONDED SWIFTLY TO POST'S REQUEST FOR A
MEETING, APPEARING IN CONGEN'S OFFICE THE VERY NEXT DAY.
HE WAS THOROUGHLY FAMILIAR WITH THE SAD HISTORY OF THIS
CASE, AND EXPRESSED REGRET THAT THE AUSTRIAN COURTS HAD
ALLOWED THE ABDUCTION TO STAND. HE FRANKLY SAID THAT
WHILE HE COULD NOT RESTORE THE FAMILY TIME THAT MR.
SYLVESTER HAD LOST IN THE LAST 10 YEARS, HE BELIEVED WE
MUST ALL WORK TOGETHER TOWARDS INCREASING HIS ACCESS TO
HIS DAUGHTER CARINA SO THEY CAN HAVE A NORMAL AND HEALTHY
RELATIONSHIP. HE EMPHASIZED SEVERAL TIMES THAT WE MUST
CREATE A "WIN/WIN SITUATION" WHERE CARINA AS WELL AS HER
PARENTS SEE THE ACCESS AS SOMETHING POSITIVE.


3. FUCIK SURPRISED CONGEN BY INDICATING THAT, CONTRARY
TO WHAT WE HAD PREVIOUSLY HEARD FROM THE ACA, THE ACA
COULD DO MORE TO FULLY COMPLY WITH THE 2004 ECHR RULING
OBLIGING AUSTRIA TO HELP IN RESTORING MR. SYLVESTER'S
ENJOYMENT OF A FAMILY LIFE. HE ADMITTED THAT MORE COULD
BE DONE BY HIS OFFICE TO MAKE CREATIVE APPROACHES TO
IMPROVING ACCESS, AND OFFERED A RANGE OF SUGGESTIONS,
FROM FAMILY THERAPY (WHICH HE THOUGHT MIGHT BE TOO
EXTREME) TO MEDIATION TO VISITATION AWAY FROM CARINA'S
HOME INITIALLY ACCOMPANIED BY A SOCIAL WORKER. HE ADDED
THAT THE ECHR CONTINUES TO MONITOR AUSTRIAN COMPLIANCE,
EVEN IN THIS NEW ACCESS CASE. HE ADVISED THAT WHILE HE
WOULD MAKE SUGGESTIONS ON POSSIBILITIES, MR. SYLVESTER'S
ATTORNEY WAS THE APPROPRIATE PERSON TO PROPOSE THESE TO
THE JUDGE.


4. CONGEN CONSULTED FUCIK ON THE BEST WAY FOR POST TO
GAIN ACCESS TO THE MARCH HEARING WITHOUT ANTAGONIZING THE
JUDGE, WHO ALREADY APPEARED HOSTILE TO MR. SYLVESTER. HE
WELCOMED THE IDEA OF EMBASSY ATTENDANCE, AND SUGGESTED
THAT A CONOFF GO IN THE ROLE OF MR. SYLVESTER'S
"VERTRAUENSPERSON" OR "TRUSTED PARTY," EXPLAINING THAT,
IN ADDITION TO ONE'S ATTORNEY, A LITIGANT COULD HAVE A
CHOSEN VERTRAUENSPERSON ATTEND THE HEARING. THE LIMIT ON
ATTENDEES, HE EXPLAINED, IS MOSTLY BECAUSE HEARINGS ARE
HELD "IN CHAMBERS" AND SPACE IS QUITE LIMITED. HE
THOUGHT A CONOFF COULD USEFULLY SERVE AS A SORT OF
"CULTURAL TRANSLATOR."


5. FUCIK ACKNOWLEDGED THAT THE AUSTRIAN FAMILY LAW
SYSTEM IS QUITE DIFFERENT FROM THE U.S. SYSTEM, WHICH HE
HAD HAD A CHANCE TO OBSERVE IN NEW YORK CITY SOME YEARS
AGO. HE SUGGESTED THAT WE MIGHT HAVE ONE OF HIS AUSTRIAN
COLLEAGUES, WHO HAD ACTUALLY SPENT 6 MONTHS IN THE NYC
ATTORNEY'S OFFICE, BRIEF ON THE DIFFERENCES IN THE TWO
SYSTEMS, PERHAPS IN CONJUNCTION WITH THE PROPOSED VISIT
OF CI DIRECTOR CONWAY. HE ADDED THAT HE HIMSELF WOULD
LIKE TO ADD TO THE TRANSPARENCY OF THE PROCESS BY
ANSWERING OUR QUESTIONS ABOUT SYSTEMIC ISSUES AND LEGAL
POSSIBILITIES, AND PROMISED BETTER COMMUNICATION WITH US.
HE EXPRESSED CONCERN OVER SOME OF THE JUDGE'S REPORTED
COMMENTS, LEAVING THE IMPRESSION HE WOULD MAKE SOME
DISCREET INQUIRIES OF HIS OWN.


6. FUCIK ALSO CLARIFIED THAT THE CURRENT COURT ORDER WAS
ONLY MEANT TO CREATE SOME "BREATHING ROOM" FOR CARINA,
WHOM THE COURT PSYCHOLOGIST FELT WAS FEELING OVERWHELMED
BY THE "PRESSURE" SURROUNDING MR. SYLVESTER'S VISITS.
THE CURRENT SITUATION IS ONLY TEMPORARY, HE INSISTED. HE
ASSURED US THE COURT WOULD BE PLEASED IF INFORMAL CONTACT
RESUMED, SUBJECT TO CARINA'S AGREEMENT. WHILE HE
ACKNOWLEDGED THAT EVEN THE MOST PRECOCIOUS AND MATURE 11-
YEAR OLD COULD NOT MAKE A DECISION ON VISITATION FREE OF
INFLUENCE BY HER MOTHER, HE ALSO FELT THAT WHATEVER THE
REASON BEHIND CARINA'S FEELINGS, THEY MUST BE ADDRESSED.
HE THEREFORE FELT THAT MEDIATION MIGHT HELP REDUCE MRS.
SYLVESTER'S ANXIETY AND THEREFORE TAKE THE PRESSURE OFF
CARINA, INCREASING THE QUALITY AS WELL AS THE FREQUENCY
OF MR. SYLVESTER'S ACCESS. HE SUGGESTED THAT HAVING A
SOCIAL WORKER ACCOMPANY CARINA AND HER FATHER ON OUTINGS
MIGHT HELP PAVE THE WAY, BUT ONLY FOR THE PURPOSE OF
REASSURING MRS. SYLVESTER, NOT TO MONITOR MR. SYLVESTER.
HE VIEWED ANY CONCERNS ABOUT A RE-ABDUCTION OF AN 11-YEAR
OLD AS UNREALISTIC.


7. OVER AND OVER, FUCIK EMPHASIZED THAT THE AUSTRIAN
SYSTEM VIEWED ENFORCEABLE ACCESS AS ACCESS THAT HAS BUY-
IN FROM ALL PARTIES. HE THEREFORE FELT THAT SUCCESSFUL
VISITATION MUST OCCUR FIRST, AND THEN BE ENSHRINED IN A
COURT ORDER. FOR THIS, HE SAID, MEDIATION IS KEY. MCCAW