AUSTRIA AND CHILD ABDUCTION: US Department of State 2005 Report on Compliance with the Hague

As in past compliance reports, the United States continues to view Austria as noncompliant in its implementation of the Hague Convention.  Our primary concern in the past has been with the capabilities and willingness of the Austrian authorities and legal system to enforce judicial orders for return or for access. 

These concerns are exemplified by a long-outstanding access case that, although not pursued under the Convention in 2003, resulted from earlier compliance problems (the history of this case was outlined in earlier Compliance Reports).  The left-behind parent has brought two cases against the Austrian Government to the European Court of Human Rights (ECHR), prevailing in both instances.  While the ECHR determined that Austria had violated this parents and his childs right to a family life under the European Convention for the Protection of Human Rights and Fundamental Freedoms, this parent continues to experience difficulties gaining acceptable access to the child.  The Department of State has continued to engage the Government of Austria over the past year and has pushed for a resolution to this case that fully respects the parental rights of the left-behind parent.

We are encouraged by the fact that the Government of Austria has continued to address the difficult challenges to creating suitable Hague Convention compliance mechanisms and effective enforcement procedures.  In November 2003, the Austrian Parliament passed new implementing legislation that, effective January 1, 2005, limits the number of courts empowered to hear Hague Convention return cases to sixteen, down from over two hundred (Convention access cases were not restricted to these courts).  It may be several years before we can begin to determine the effects of the legislation on judicial processing of return applications.  In the meantime, the Austrian Ministry of Justice (MOJ) has begun conducting in-depth training for the judges at the sixteen Austrian courts that will be handling all Hague return cases.  The MOJ has also instituted a pilot program to train bailiffs in child psychology in order to sensitize them to complications that may arise during enforcement procedures.  Furthermore, in October 2004, a panel of experts was convened to draft recommendations for improvements in enforcement of custody and return orders; the conference received nation-wide press coverage and legislation incorporating the recommendations is being prepared.

Over the reporting period, Austrian judicial and legal authorities displayed a greater sense of urgency in enforcing return orders, often in the face of harsh public criticism, particularly in three high-profile, non-U.S. Hague return cases.  Judicial delays are still common, but this new awareness of the need for effective enforcement represents a significant step forward by the Austrian Government. 

There were no new cases opened during the reporting year of children abducted from the United States to Austria; however, the Austrian Government has maintained consistent communication with the U.S. Central Authority and the U.S. Embassy on general Hague compliance matters.  We hope future U.S. cases will be accorded the same high level of commitment as recent non-U.S. cases have been receiving.