Beth Schlesinger (Custody of Children)

Matthew Offord Excerpts

Tuesday 14th January 2014 Commons Chamber

[Graham Stringer]

The father was basically asked to tell the mother what the children’s needs were and what was happening, but what actually happened was that he cancelled 50 of Beth’s visits. Rather than him looking after the children, Filipino nannies were hired to do that for 12 hours a day and at weekends, and to take them to and from the nursery. Beth became more and more worried about the children; Samuel had four teeth taken out without any medical reasons given and Benjamin had two teeth removed. Beth was not only worried about what was happening, as the visits were cancelled and the children were upset, but it became clear that in the court’s previous decision Judge Göttlicher had suppressed a report from the nursery which had shown, and expressed the view, that when the children were seeing the father they had been crying and screaming, and had been extremely distressed. Clearly, Judge Göttlicher had had that report but it was not used. Things went from bad to worse, in terms not only of access to the children, but finance. Mr Schlesinger stopped paying maintenance and, indeed, tried to demand that Beth paid maintenance. She was now given access only on two afternoons a week and three hours every second Sunday, which represents an extraordinary turnaround from the original situation.

In July 2013, the judge awarded full custody to the father. At this time, crucially, no assessment of the father, or of the father with the children, had taken place. Beth had been examined in German for the psychiatrist’s report that had recommended against her. She is not fluent in the language, and so her answers had been slow, which was counted as a mark towards her being considered mentally unstable. Some of the relationships involving Judge Konstanze Thau became clear, and not only the one with Mr Schlesinger; her husband worked in the same hospital as Dr Willinger. I do not usually believe in conspiracies, but in this case the decisions that were taken were so strange that one has to suspect that undue influence and conspiracy were taking place.

Beth has asked me to draw to the House’s attention a case of a similar custody issue, although much more extreme in many ways, that has been before the higher Austrian courts in the past week or so. It involved a neglected and filthy child—not the same as in the Schlesinger family’s case—that had been taken away from the mother, who was deemed to be inadequate. The higher courts in Austria said, in giving the child back to the mother, that a loving child’s bond is of “paramount consideration”. I agree with that, and that Austrian court got it right in a much more difficult case than this one. Court cases are always difficult to compare because they involve details that one does not know, but I think that that case highlights what has gone wrong in Beth’s case.

I want to thank a few people before I come to my conclusion on this case. I have been to see the Austrian ambassador about this matter. He was courteous and listened carefully before explaining the situation to me. The Minister has received a delegation consisting of me and my hon. Friend the Member for Bury South (Mr Lewis), and I am grateful to him for that. I know that he is familiar with the case and sympathetic, and I hope that he will listen to what are outrageous decisions from the Austrian courts and, even with all the difficulties that I have explained, take action on them.

I have great respect for the Austrian state. As a Minister I had regular meetings with Austrian Ministers. I like Austria, but the decision in Beth Alexander’s case is a blight on the Austrian judicial system and I hope that it will be put right. Brought to its bare bones, this case is about a violent father who has been violent towards the mother of his children and other members of the family and who has been given custody of two children. The children are clearly unhappy. They do not speak very well, and they are still in nappies beyond the age of four. He was given custody after exerting undue influence on the courts over a mother who is completely blameless. As a Member of this House for 16 years and a councillor for many years before, I have rarely come across a case of such injustice. Despite all those difficulties, I hope that the Minister, who has shown that he is interested and sympathetic, can be of help.

[Dr Matthew Offord (Hendon) (Con)]

I want to put it formally on the record that I thank the hon. Member for Blackley and Broughton (Graham Stringer) for bringing this case to the House’s attention. I also speak on behalf of my constituent, Adrian Alexander, who is the brother of Beth Schlesinger. Adrian and I had cause to visit the ambassador at the Austrian embassy and we discussed the case with him. I came away with the feeling that even the ambassador was confused about some of the details, particularly about the recent judgment in which there was no recitation of the facts of the case. If we could at least establish what we are dealing with, we could seek some kind of resolution. As I have said, I want to place it formally on the record, on behalf of Beth’s family, that we thank the hon. Gentleman for bringing this matter to the House tonight.

[Graham Stringer]

As I explained to the House, we are not just talking about Beth’s family. There has been concern throughout the world. I am grateful to the hon. Gentleman for his thanks.