Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

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Sunday, 4 May 2014

Schlesinger Twins: Paul Kendall of The Telegraph describes the injustice to Beth and her sons

Posted on 01:51 by viju
The Telegraph ....Thanks to an Austrian family court judge, who has awarded full custody of the children to Mrs Schlesinger’s estranged husband, the petite Cambridge graduate has not put her boys to bed at night-time for almost three years. And yet her former partner, Michael, was deemed so violent and unpredictable at the time of their separation that social workers recommended not only that Mrs Schlesinger be granted sole custody, but also that, on the occasions the father had access to the twins, he never be left alone with them.

The alteration to that original decision has been described by one British MP as “one of the worst miscarriages of justice” he has experienced in nearly 25 years as a politician, and by another as a “blight on the Austrian judicial system”. It has raised serious questions about the impartiality of the judge on the case and hints at a sinister conspiracy that spans both the Austrian Landesgericht (Court of Appeal) and the social services.

More worrying still, it appears that the twins’ development is suffering in their father’s care. Only recently out of nappies, the boys, Samuel and Benjamin, are still unable to talk, three weeks shy of their fifth birthdays.

“It’s like a living grief,” says Mrs Schlesinger, sitting on the edge of a couch in her front room, opposite shelves stacked with puzzles, soft toys and sticker books. “I’m mourning my children, but it’s kind of a perverse mourning because they’re still alive. I know they’re alive and I’m so close to them – I’m just down the road – and yet I can’t see them or play any meaningful role in their lives.”[...]

In normal circumstances, Mr Schlesinger’s abuse of his doctor’s credentials and attempt to have his wife committed under false pretences – thus separating her from her children – would have excluded all possibility of him ever gaining custody. And, in fact, the case judge, Susanne Göttlicher, rejected an application by Mr Schlesinger for custody in April 2011.

But, just three months later, Judge Göttlicher reversed her decision and placed the children into his full-time care.[...]
The decision is regarded as so inexplicable, in fact, that Mr Stringer and others suspect the judge has been unduly influenced. It is a matter of record that, very soon after Mr Schlesinger was evicted from the flat, he sought the help of a judge from the Court of Appeal, Konstanze Thau, who is a friend of the family. Judge Göttlicher has admitted that she has discussed the case with Judge Thau.

“At the very minimum, there appears to have been irregular and unprofessional behaviour,” says Mr Stringer.

Ivan Lewis, MP for Bury South, the neighbouring constituency to Mr Stringer, who has taken a close interest in the case, goes further.

“There is no doubt that there has been inappropriate intervention in this case by another judge who is a personal friend of the father,” he says. “It’s following that intervention that the judge on the case started making decisions that were incredibly supportive of the father.[...]

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