This record is a partial extract of the original cable. The full text of the original cable is not available.

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