Beth Schlesinger (Custody of Children)

David Lidington Excerpts

Tuesday 14th January 2014 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for Blackley and Broughton (Graham Stringer) on securing the debate and on speaking with such clarity and passion in the case he has put forward on behalf of Ms Beth Schlesinger. I also acknowledge the long-standing interest of the hon. Member for Bury South (Mr Lewis) in the case and the interest of my hon. Friends the Members for Hendon (Dr Offord) and for Finchley and Golders Green (Mike Freer), who intervened earlier in this evening’s proceedings.

It is a sad fact that international custody cases are becoming more frequent, as in today’s world more parents of different nationalities marry and bring up children, and marriages and relationships sadly sometimes collapse. Although in many cases arguments about the care and custody of the children can be settled amicably, in an increasing number of such cases we see parents going before the courts to argue about who should have custody or in which country the children should reside. In more extreme but increasingly common cases, one parent absconds with the child without permission, an action that can quickly escalate into charges of abduction, and arrest warrants being issued.

This case is different. In cases of child abduction, it is our standard practice in the Foreign and Commonwealth Office to urge parents to look to The Hague convention to provide them with the way forward. The Hague convention, as the House knows, provides a mechanism by which to determine, in an international dispute over custody, in which country’s courts the children’s future should be decided.

Let me turn to the case we are debating this evening. Ms Schlesinger is a British national and her husband is an Austrian national. They both currently live in Austria. Their children were born in that country in 2009 and have lived there ever since. That is why this custody case has been heard by the Austrian courts, rather than the United Kingdom courts. Ms Schlesinger contacted my office only this week to outline her concerns about the welfare of her children—concerns that the hon. Member for Blackley and Broughton described in some detail. I was somewhat reassured to see that she has the support of her family and friends and specialist non-governmental organisations, such as the Twins and Multiple Births Association, but I am the first to acknowledge that her separation from her children and her consuming anxieties about their welfare make this an incredibly difficult time for her.

I want to explain the Government’s involvement in supporting Ms Schlesinger to date and then move on to how we see the case today. In February 2010, Ms Schlesinger’s father visited the British embassy in Vienna to discuss his daughter’s situation. Divorce and child custody proceedings were taking place in the Austrian courts at the time and Ms Schlesinger was clearly concerned that her husband might prevent her from returning permanently to the UK with the children, following the breakdown of their relationship.

At that time, the embassy was able to help by providing our list of English-speaking lawyers in Austria and information on local women’s support organisations and international organisations with relevant experience. Our consular staff explained that, in cases where families could not agree custody arrangements for the children on their own, it would be for the courts to decide which parent should retain custody and where the children should be resident.

Our staff also explained that both the UK and Austria are party to the 1980 Hague convention on international parental child abduction. That means that both countries have agreed that, where there is an international dimension to custody disputes, it is the court in the country where the children usually live that is best placed to make a custody decision in the best interests of the child. In this case, for the reasons I have described—the children were born in Austria and have always lived there—that is the Austrian court. In July 2011, as the hon. Gentleman has explained, the Austrian courts awarded custody of the children to their father, Michael Schlesinger.

When parental relationships break down and they cannot agree where a child should live, the resulting custody case inevitably causes untold distress to everybody involved—from the children themselves and both parents, to the extended family. That distress can only be amplified when large geographical distances separate, or threaten to separate, one parent from their children. However, as I explained when I met the hon. Gentleman and the hon. Member for Bury South last year, while there is no doubt that this is a deeply distressing case for Ms Schlesinger and her family, there is limited scope for the Foreign and Commonwealth Office to intervene.

Our staff are not legally trained, and therefore cannot offer legal advice. Instead, we help to put British nationals in contact with reputable and, where possible, English-speaking local lawyers who are familiar with local laws and procedures and best placed to offer professional advice and support on the case and to identify any procedural irregularities with the court process in the country concerned. Nor can the United Kingdom—the hon. Member for Bury South was right about this—interfere in the independent judicial process in another country, just as we would not stand for another country interfering in our own independent judicial proceedings.

When I met the two hon. Gentlemen last July to discuss the case, I explained the background and the fact that custody disputes are private legal matters. If parents cannot agree on arrangements for children, the decision on what is in the children’s best interests must be made by the courts in the country where the children are habitually resident.

It is very clear from what the hon. Member for Blackley and Broughton has said that he and Ms Schlesinger have deep concerns about the integrity of the legal process that has taken place in Austria and believe that some of the information and evidence presented to the Austrian courts may have been seriously flawed. Ms Schlesinger needs to address those concerns with her legal team and consider what options there are to pursue them through the Austrian and, potentially, the European legal system.

Although the Foreign and Commonwealth Office cannot become involved in the competent judicial process of another country, if Ms Schlesinger’s legal team were to approach us with significant and substantiated—I stress that word—concerns about the process involved in the case, we would certainly be prepared to consider such representations and raise them with the Austrian authorities.

Our embassy in Vienna has provided some assistance to Ms Schlesinger and her family since the initial contact in 2010. As well as providing the lists of lawyers, support organisations and international bodies such as Reunite, the embassy has, during the course of this case, contacted the judge on some practical questions about timings and provided a statement to Ms Schlesinger’s lawyer at the lawyer’s request. There has been no direct contact between Ms Schlesinger and our consular staff between May 2012 and now, but in all our contact we have consistently advised the family that this has to be a matter for the courts to determine. I gave that advice to several hon. Members and other interested parties in 2011, 2012 and 2013.

Ms Schlesinger and her family have asked for the Foreign and Commonwealth Office to intervene to raise concerns about the court process, and to lobby the Austrian authorities for her to be given custody of her children. I must be clear that we can intervene only if there are sufficient grounds, particularly substantiated grounds about the process, and that we cannot simply take sides regarding custody of the children, any more than Ministers can take sides in such disputes that are handled by United Kingdom courts.

Ms Schlesinger’s lawyers’ concerns have previously been dismissed by the appropriate judicial authorities. When I met the hon. Members for Blackley and Broughton and for Bury South, I agreed that our officials should again contact Ms Schlesinger’s legal team. We took that step and the lawyers’ clear advice was that any form of diplomatic intervention could prove detrimental to their case, which was then at the appeal stage. We therefore stepped back from making any representation and considered instead whether we could do anything to expedite progress at a hearing. If the lawyers have changed their view and can bring forward substantiated evidence of something having gone seriously wrong in the process, we will examine such representations.

Since then, Ms Schlesinger has taken her appeal to the Austrian Supreme Court, which has said that it is inadmissible. Having listened to the two hon. Gentlemen, I can understand that the Austrian Supreme Court’s somewhat terse language must have upset Ms Schlesinger deeply. The absence of any detailed explanation must also have made that decision even more difficult for her to bear. I am aware that no words that I or anybody else could say tonight will console her, given the huge emotional burden—as well as the enormous financial one—that this case will inevitably carry.

It is now crucial, however, that Ms Schlesinger discuss with her new lawyers how best to proceed, and whether there are any further avenues within the Austrian legal system, or whether she needs to consider the European courts, especially the European Court of Human Rights. The UK ambassador to Austria has agreed to meet her this week to look at whether there is anything more that he and his team can do beyond what they have already undertaken.

At the root of the dispute are allegations of irregularity in the court process. Any evidence of procedural irregularity should be pursued by legal means in Austria. I cannot emphasise too strongly our view that, following recent decisions by the courts, Ms Schlesinger should seek immediate legal advice. If her lawyers advise that there are grounds for a diplomatic intervention that might be beneficial and could be substantiated by sufficient evidence, her legal team and/or the hon. Member for Blackley and Broughton are welcome to put their representations to us again.

Like any parent, I feel nothing but heartfelt sympathy for Ms Schlesinger in the plight she faces. I am sure that every Member of the House hopes that this case can be resolved swiftly, amicably and, above all, in the best interests of the children.

Question put and agreed to.